Common use of Confidentiality and Information Security Clause in Contracts

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “Consumer Information” is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive relief. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s intentional disclosure to it (collectively “BOSTON FINANCIAL Confidential Information”) which the Trust’s access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. 19.J. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s 's customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “"Consumer Information” " is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s 's intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. 19.J. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive reliefAgreement. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s 's information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s 's standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s 's business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM TA2000(TM) System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM TA2000(TM) System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s 's intentional disclosure to it (collectively “"BOSTON FINANCIAL Confidential Information”") which the Trust’s 's access to the TA2000TM TA2000(TM) System or computer hardware or software may permit the Trust or its agents or the Trust’s 's employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. . All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. 19.J. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “Consumer Information” is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. 19.J. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive reliefAgreement. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s intentional disclosure to it (collectively “BOSTON FINANCIAL Confidential Information”) which the Trust’s access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. . All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. 19.J. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “Consumer Information” is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. 19.J. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive relief. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s 's business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s intentional disclosure to it (collectively “"BOSTON FINANCIAL Confidential Information”") which the Trust’s 's access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. E. All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. 19.J. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “Consumer Information” is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. 19.J. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive relief. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s intentional disclosure to it (collectively “BOSTON FINANCIAL Confidential Information”) which the Trust’s access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. E. All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. 19.J. hereof, or as otherwise required by law, BOSTON FINANCIAL will keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s 's customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “"Consumer Information” " is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s 's intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of the Trust (including internal procedures and policies, businesses plans, and products of the Trust), and all other trade secret, confidential or proprietary information and documentation of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families received in connection with this Agreement (whether or not it is designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trust. Notwithstanding the foregoing, BOSTON FINANCIAL shall be permitted in the ordinary course of business to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides to the Trust under this Agreement or in accordance with Section 19.D. 19.J. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of the Trust’s Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive reliefAgreement. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt of the Trust’s 's information security standards and, to the extent that BOSTON FINANCIAL does not comply with the Trust’s 's standards, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s 's business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possession, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectively. (1) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to the TA2000TM System used to perform services hereunder including, but not limited to the maintenance of shareholder accounts and records, processing of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s 's intentional disclosure to it (collectively “"BOSTON FINANCIAL Confidential Information”") which the Trust’s 's access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s 's employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliates. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. . All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained in this Section or elsewhere in this Agreement shall survive the termination or expiration of this Agreement for a period of ten (10) years, except with respect to any non-public personal information as defined under federal and state privacy laws, for which information the undertakings and obligations relating to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration of this Agreement for the period of time required by such applicable law.

Confidentiality and Information Security. A. BOSTON FINANCIAL agrees on behalf of itself, its affiliates, its officers and employees, except as provided in Section 19.D. hereof, or as otherwise required by law, BOSTON FINANCIAL will (a) BNY Mellon shall keep confidential all records and data of and information in its possession relating to the Trust or its shareholders or shareholder accounts in any form disclosed to BOSTON FINANCIAL hereunder, including but not limited to any data and information in any form disclosed by the Trust, anyone acting on behalf of the Trust, or the Trust’s customers, prospective customers, or employees to BOSTON FINANCIAL, BOSTON FINANCIAL Personnel or any Subcontractor including Consumer Information (as “Consumer Information” is defined in SEC Regulation S-P) and non-public information which is learned by BOSTON FINANCIAL without the Trust’s intentional disclosure to it. Such information includes all Trust software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the Trust’s business of and the Trust shall keep confidential any information relating to BNY Mellon’s business (including internal procedures each, “Confidential Information”), except as expressly agreed in writing by the protected party. Confidential Information shall include (i) any data or information that is competitively sensitive material, and policiesnot generally known to the public, businesses including, but not limited to, information about product plans, marketing strategies, finances, operations, customer relationships, customer profiles, customer lists, sales estimates, business plans and products of internal performance results relating to the Trust)past, and all other trade secret, confidential present or proprietary information and documentation future business activities of the Trust or its customers, prospective customers, employees, directors, outside directors, retirees BNY Mellon and their respective spouses subsidiaries and families received affiliated companies; (ii) any scientific or technical information, design, process, procedure, formula or improvement that is commercially valuable and secret in connection with this Agreement the sense that its confidentiality affords the Trust or BNY Mellon a competitive advantage over its competitors; (iii) all confidential or proprietary concepts, documentation, reports, data, specifications, computer software, source code, object code, flow charts, databases, inventions, know-how and trade secrets, whether or not it is patentable or copyrightable; and (iv) anything designated as such) (collectively, the “Trust’s Confidential Information”). BOSTON FINANCIAL shall not disclose the same to any person except at the instruction (standing or specific), request or with the consent of the Trustconfidential. Notwithstanding the foregoing, BOSTON FINANCIAL information shall not be permitted in the ordinary course of business Confidential Information and shall not be subject to provide such information to third parties providing services to BOSTON FINANCIAL which BOSTON FINANCIAL utilizes in connection with the services BOSTON FINANCIAL provides confidentiality obligations if it: (i) is already known to the Trust receiving party at the time it is obtained; (ii) is or becomes publicly known or available through no act of the receiving party in breach of Section 21(a); (iii) is rightfully received from a third party who, to the best of the receiving party’s knowledge, is not under this Agreement a duty of confidentiality; (iv) has been or in accordance with Section 19.D. of this Agreement and where such third parties have entered into confidentiality agreements with BOSTON FINANCIAL that contain provisions at least as restrictive as those contained herein. (1) BOSTON FINANCIAL acknowledges that any unauthorized use, misuse, disclosure or taking of is independently developed by the receiving party without reference to the Trust’s Confidential Information which (v) is confidential as Trust information provided by law, or which is a trade secret, residing or existing internal or external BNY Mellon (pursuant to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. BOSTON FINANCIAL will advise all of its employees and agents who have access to any the Trust’s Confidential Information or to any computer equipment capable of accessing the Trust’s hardware or software of the foregoing. (2reasonable confidentiality obligations) BOSTON FINANCIAL acknowledges that disclosure of the Trust’s Confidential Information may give rise to in connection with an irreparable injury to the Trust inadequately compensable in damages. Accordingly, the Trust may seek (without the posting of any bond independent third party compliance or other securityreview; or (vi) injunctive relief against is released in connection with the breach provision of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and BOSTON FINANCIAL consents to the obtaining of such injunctive relief. B. BOSTON FINANCIAL has provided the Trust with a summary of its information security standards, which are subject to change by BOSTON FINANCIAL from time to time to meet industry changes. BOSTON FINANCIAL agrees to comply with such information security standards in the performance of its services under this Agreement. BOSTON FINANCIAL acknowledges receipt BNY Mellon will be liable for a breach of this Section 21(a) by any affiliate of BNY Mellon to the extent that BNY Mellon would itself have been liable for such disclosure pursuant to the terms of this Agreement. (b) A party may disclose the other party’s Confidential Information if required to do so pursuant to applicable law, rule, requirement of any laws, enforcement agency, court order or other legal process or at the request of a regulatory authority. If the receiving party is at any time compelled to disclose any Confidential Information of the Trust’s information security standards andother party pursuant to the preceding sentence, the receiving party agrees to use reasonable efforts to provide, to the extent permitted to do so, the other party with prompt written notice so that BOSTON FINANCIAL does not comply it may seek a protective order to limit the disclosure of its Confidential Information. The receiving party agrees to reasonably cooperate with the Trust’s standardsother party, BOSTON FINANCIAL shall inform the Trust of the standards it has adopted in lieu thereof. C. The Trust on behalf of itself, its affiliates, its officers and employees and all entities which it directs BOSTON FINANCIAL to provide any of the following information agrees to keep confidential all financial statements and other financial records (other than statements and records relating solely to the Trust’s business dealings with BOSTON FINANCIAL) and all manuals, systems and other technical information and data, not publicly disclosed, relating to the operations and programs of BOSTON FINANCIAL and DST furnished to it by BOSTON FINANCIAL pursuant to this Agreement and will not disclose the same to any person except at the request or with the consent of BOSTON FINANCIAL. D. BOSTON FINANCIAL confirms that it will use Customer Information (as defined in this subsection) in its possessionother party’s expense, in compliance with (i) the provisions of this Agreement and (ii) applicable federal and state privacy laws, including but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”) and the Massachusetts Standards for the Protection of Personal Information (“Mass Privacy Act”). BOSTON FINANCIAL confirms that it has implemented and will continue other party’s efforts to maintain appropriate information security safeguards reasonably designed to prevent the destruction, loss, unauthorized acquisition, unauthorized use, or alteration of Customer Information in its possession, consistent with limit such regulatory requirements. Customer Information shall include all “nonpublic personal information” and/or “personal information” as defined under the GLB Act and the Mass Privacy Act, respectivelydisclosure. (1c) The Trust acknowledges that BOSTON FINANCIAL and/or its affiliates have proprietary rights in and to Provisions authorizing the TA2000TM System used to perform services hereunder including, but not limited to the maintenance disclosure of shareholder accounts and records, processing information shall survive any termination of related information and generation of output, including, without limitation any changes or modifications of the TA2000TM System and any other programs, data bases, supporting documentation, or procedures and all software, specifications, documentation, product proposals, financial information, data, source or object code, documentation, manuals, studies, internally devised technology, system or network architecture or topology, security mechanisms, product or processing capacities, revenues, information relating to the business of BOSTON FINANCIAL and/or its affiliates (including internal procedures and policies, businesses plans, and products of BOSTON FINANCIAL and/or its affiliates), and all other trade secret, confidential or proprietary information and documentation of BOSTON FINANCIAL and/or its Affiliates or its customers, prospective customers, employees, directors, outside directors, retirees and their respective spouses and families (whether or not it is designated as such) and non-public information which is learned by the Trust without BOSTON FINANCIAL’s intentional disclosure to it (collectively “BOSTON FINANCIAL Confidential Information”) which the Trust’s access to the TA2000TM System or computer hardware or software may permit the Trust or its agents or the Trust’s employees, directors, outside directors, retirees, their respective spouses and families to become aware of or to access and that the BOSTON FINANCIAL Confidential Information constitutes confidential material and trade secrets of BOSTON FINANCIAL and/or its affiliatesthis Agreement. The Trust agrees to maintain the confidentiality of the BOSTON FINANCIAL Confidential Information of which it is, or becomes, aware or to which it has access. (2) The Trust acknowledges that any unauthorized use, misuse, disclosure or taking of BOSTON FINANCIAL Confidential Information which is confidential as provided by law, or which is a trade secret, residing or existing internal or external to a computer, computer system, or computer network, or the knowing and unauthorized accessing or causing to be accessed of any computer, computer system, or computer network, may be subject to civil liabilities and criminal penalties under applicable state law. The Trust will advise all of its employees and agents who have access to any BOSTON FINANCIAL Confidential Information or to any computer equipment capable of accessing BOSTON FINANCIAL hardware or software of the foregoing. (3) The Trust acknowledges that disclosure of the BOSTON FINANCIAL Confidential Information may give rise to an irreparable injury to BOSTON FINANCIAL and/or its affiliates inadequately compensable in damages. Accordingly, BOSTON FINANCIAL may seek (without the posting of any bond or other security) injunctive relief against the breach of the foregoing undertaking of confidentiality and nondisclosure, in addition to any other legal remedies which may be available, and the Trust consents to the obtaining of such injunctive relief. F. All of the undertakings and obligations relating to confidentiality and nondisclosure, whether contained set forth in this Section or elsewhere in this Agreement 21 shall survive the any termination or expiration of this Agreement for a period of ten one (101) yearsyear after such termination. (d) In the event a party’s Confidential Information is disclosed other than pursuant to the terms of this Agreement as a result of inappropriate action by a third party, except at the request and expense of the party whose Confidential Information was disclosed the other party will provide reasonable assistance to the party whose Confidential Information was disclosed with respect to any non-public personal information as defined under federal and state privacy lawsclaims that the party whose Confidential Information was disclosed may seek to bring against the third party; for clarity, this sentence does not apply to disclosures of Confidential Information for which information the undertakings and obligations relating party other than the party whose Confidential Information was disclosed is liable pursuant to confidentiality and nondisclosure in this Agreement shall survive the termination or expiration terms of this Agreement for Agreement. (e) The terms set forth in Exhibit C hereto shall apply with respect to the period services provided by BNY Mellon pursuant to this Agreement. (f) Neither party shall not use the name or marks of, refer to, or identify the other party (or any related entity) in publicity releases, interviews, promotional or marketing materials, public announcements, customer listings, testimonials or advertising without the prior written consent of time required by such applicable lawthe other party.