Common use of CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION Clause in Contracts

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may disclose any of the LENDER's Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "GLB Act") and Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "“Confidential Information." ” In TERI's ’s case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's possession ’s possession, including but not limited to the information provided to XXXX pursuant to Section 3.5 hereof, shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may disclose any of the LENDER's ’s Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. In such event, XXXX will only disclose Confidential Information when necessary to assist XXXX in carrying out its functions under this Agreement and under circumstances that require the disclosee to refrain from redisclosure to any other third party. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "“GLB Act"”) and Federal Reserve Board Regulation P ("“Regulation P"”), XXXX XXXX, as loan guarantor and loan origination servicer agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "“nonpublic personal information" ” (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property property, and use solely for the purpose of operating a loan guaranty business, any data it receives in its capacity as a loan guarantor. In addition, XXXX may use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. Such information does not constitute “non-public personal information” under Section 509(4) of the GLB Act, therefore XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During TERI and the LENDER each acknowledxx xhat in the course of negotiating this Agreement and hereafter during the pendency of operations contemplated by this Agreement, and in the parties from time course of communications relative to time may have revealed or may hereafter reveal to each other certain this Agreement, it has received and will receive information concerning their respective the other's finances, business plans, business methods, financial data and projections, and/or information the like that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as industry ("Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system"). Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on maintain the nature, form, timing and content confidentiality of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, other's Confidential Information unless and (iv) inform the Court and all counsel concerned that until such information is and should be treated as confidential information becomes generally known through no fault of the other receiving party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. . Without limiting the foregoing, XXXX TERI may disclose any of the LENDERXXXXER's Confidential Information to any entity to which XXXX TERI subcontracts its obligations under xxxxr this Agreement pursuant to Section 5.7(e5.7(b) hereof. 8.2 In accordance with the provisions of Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the txx "GLB ActXXX Xxx") and xxx Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, TERI agrees to respect and protect the xxx security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX TERI may retain as its own property and propertx xxd use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX TERI may sell, assign, transfer or disclose xxxclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During XXXX and the LENDER each acknowledge that in the course of negotiating this Agreement and hereafter during the pendency of operations contemplated by this Agreement, and in the parties from time course of communications relative to time may have revealed or may hereafter reveal to each other certain this Agreement, it has received and will receive information concerning their respective the other's finances, business plans, business methods, financial data and projections, and/or information the like that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as industry ("Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system"). Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on maintain the nature, form, timing and content confidentiality of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, other's Confidential Information unless and (iv) inform the Court and all counsel concerned that until such information is and should be treated as confidential information becomes generally known through no fault of the other receiving party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. . Without limiting the foregoing, XXXX may disclose any of the LENDERXXXXXX's Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e5.7(b) hereof. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "GLB Act") and Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, agrees to respect and protect the security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During XXXX and the LENDER each acknowledge that in the course of negotiating this Agreement and hereafter during the pendency of operations contemplated by this Agreement, and in the parties from time course of communications relative to time may have revealed or may hereafter reveal to each other certain this Agreement, it has received and will receive information concerning their respective the other's finances, business plans, business methods, financial data and projections, and/or information the like that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as industry ("Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system"). Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on maintain the nature, form, timing and content confidentiality of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, other's Confidential Information unless and (iv) inform the Court and all counsel concerned that until such information is and should be treated as confidential information becomes generally known through no fault of the other receiving party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. . Without limiting the foregoing, XXXX may disclose any of the LENDER's Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e5.7(b) hereof. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "GLB Act") and Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, agrees to respect and protect the security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX TERI may disclose any of the LENDER's Confidential Information to any entity to which XXXX TERI subcontracts its obligations under xxxxr this Agreement pursuant to Section 5.7(e) hereof. 8.2 In accordance with the provisions of Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the "GLB ActAxx") and Federal Reserve xxx Xxxxxxx Xeserve Board Regulation P ("Regulation P"), XXXX TERI agrees, as a financial xxnancial institution subject to Regulation P, to respect and protect the security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX TERI may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which Borrowers that does not include the namenames, address addresses or social security number of the Loan applicants or Borrowersnumbers. XXXX TERI may sell, assignaxxxxn, transfer or disclose such aggregated or de-indentified data concerning Loan applicants and Borrowers that does not include names, addresses, social security numbers, account numbers, or any other identifying information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose. 8.4 The parties acknowledge that a breach of any of the terms of this Section 8 would cause irreparable harm to the non-breaching party for which it could not be adequately compensated by monetary damages. Accordingly, both parties agree that, in addition to all other remedies available to the non-breaching party in an action at law, in the event of any breach or threatened breach by either party of the terms of this Section 8, the non-breaching party shall, without the necessity of proving actual damages or posting any bond or other security, be entitled to temporary and permanent injunctive relief, including, but not limited to, specific performance of the terms of this Section 8."

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "“Confidential Information." ” In TERI's ’s case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's possession ’s possession, including but not limited to the information provided to XXXX pursuant to Section 3.5 hereof, shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may disclose any of the LENDER's ’s Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. In such event, XXXX will only disclose Confidential Information when necessary to assist XXXX in carrying out its functions under this Agreement and under circumstances that require the disclosee to refrain from redisclosure to any other third party. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "“GLB Act"”) and Federal Reserve Board Regulation P ("“Regulation P"”), XXXX XXXX, as loan guarantor and loan origination servicer agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "“nonpublic personal information" ” (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property property, and use solely for the purpose of operating a loan guaranty business, any data it receives in its capacity as a loan guarantor. In addition, XXXX may use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. Such information does not constitute “non-public personal information” under Section 509(4) of the GLB Act, therefore XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 9.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "“Confidential Information." ” In TERI's ’s case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's ’s possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may disclose any of the LENDER's ’s Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e6.7(e) hereof. 8.2 9.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "“GLB Act"”) and Federal Reserve Board Regulation P ("“Regulation P"”), XXXX agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "“nonpublic personal information" ” (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P.P. Notwithstanding the foregoing, XXXX may purchase credit score analysis and validation services from time to time from consumer reporting agencies. In order to perform the score analysis and validation services, the consumer reporting agencies may access personal information about applicants and borrowers, including (i) application information and loan servicing data concerning loans funded by Lender and guaranteed by XXXX, (ii) application data concerning loan applications that were approved but not funded (e.g., due to withdrawal of the loan application), and (iii) application data concerning denied applications. In order to facilitate the analysis of this data and the score validation process, XXXX may retain third party database vendors to receive and store this data in a secure database, and to provide XXXX and the consumer reporting agencies with restricted access to such information. In order to comply with applicable privacy laws, TERI will contract with the consumer reporting agencies and such third party database vendors to ensure that the information is protected and used only for the purposes of providing the score validation and analysis services. 8.3 9.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "“Confidential Information." ” In TERI's ’s case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's ’s possession shall not be considered Confidential Information of the LenderLENDER; however, XXXX in its capacity as guarantor may retain and use such Confidential Information, provided such retention and use is permitted by and consistent with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the “GLB Act”). f. Without limiting the foregoing, XXXX may disclose any of the LENDER's ’s Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "“GLB Act"”) and the Federal Reserve Board Regulation P Trade Commission privacy rule issued thereunder at 16 C.F.R. 313, “Privacy of Consumer Financial Information” ("Regulation P"the “Privacy Rule”), XXXX agrees, as a financial institution subject to Regulation Pthe Privacy Rule, to respect and protect the security and confidentiality of any "“nonpublic personal information" ” (as defined in the GLB Act and Regulation Pthe Privacy Rule) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P.the Privacy Rule. Notwithstanding the foregoing, XXXX may purchase credit score analysis and validation services from time to time from consumer reporting agencies. In order to perform the score analysis and validation services, the consumer reporting agencies may access personal information about applicants and borrowers, including (i) application information and loan servicing data concerning loans funded by LENDER and guaranteed by XXXX, (ii) application data concerning loan applications that were approved but not funded (e.g., due to withdrawal of the loan application), and (iii) application data concerning denied applications. In order to facilitate the analysis of this data and the score validation process, XXXX may retain third party database vendors to receive and store this data in a secure database, and to provide XXXX and the consumer reporting agencies with restricted access to such information. In order to comply with applicable privacy laws, TERI will contract with the consumer reporting agencies and such third party database vendors to ensure that the information is protected and used only for the purposes of providing the score validation and analysis services. 8.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During 9.1 TERI and Bank One each acknowledge xxxt in the course of negotiating this Agreement and hereafter during the pendency of operations contemplated by this Agreement, and in the parties from time course of communications relative to time may have revealed or may hereafter reveal to each other certain this Agreement, it has received and will receive information concerning their respective the other's finances, business plans, business methods, financial data and projections, and/or information the like that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as industry ("Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system"). Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on maintain the nature, form, timing and content confidentiality of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, other's Confidential Information unless and (iv) inform the Court and all counsel concerned that until such information is and should be treated as confidential information becomes generally known through no fault of the other receiving party; and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. . Without limiting the foregoing, XXXX TERI may disclose any of the LENDER's Bank One'x Confidential Information to any entity to which XXXX TERI subcontracts its obligations oblxxxxions under this Agreement pursuant to Section 5.7(e6.7(b) hereof. 8.2 9.2 In accordance with the provisions of Title V of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act (the txx "GLB ActXXX Xxx") and xxx Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, TERI agrees to respect and protect the xxx security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 9.3 Without limiting the foregoing, XXXX TERI may retain as its own property and propertx xxd use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, Borrowers which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX TERI may sell, assign, transfer or disclose xxxclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose. 9.4 Both TERI and Bank One have made and wixx xontinue throughout the term of this Agreement to make available to the other party confidential and proprietary materials and information ("Proprietary Information"). Prospectively, each party shall advise the other of material and information that is confidential and/or proprietary. All material and information provided by either party to the other relating to the business, policies, procedures, customs, forms, customers and strategies of the providing party or any of its affiliates, including information previously divulged or delivered to the other party regarding the aforementioned subject matter is hereby designated as confidential and proprietary and shall be considered to be Proprietary Information. It is understood that the obligations set forth in this Section do not apply to materials or information that: (i) are already, or otherwise become, generally known by third parties as a result of no act or omission of the receiving party; (ii) subsequent to disclosure hereunder are lawfully received from a third party having the right to disseminate the information without restriction on disclosure; (iii) are generally furnished to others by the disclosing party without restriction on disclosure; (iv) were already known by the receiving party prior to receiving them from the disclosing party and were not received from a third party in breach of that third party's obligations of confidentiality; or (v) are independently developed by the receiving party without the use of Proprietary Information of the disclosing party. 9.5 Each party shall maintain the confidentiality of the other party's Proprietary Information and will not use or disclose such Proprietary Information without the prior written consent of the other party. Notwithstanding the foregoing, either party may disclose the other's Proprietary Information to its affiliates, agents, and other third parties on a need-to-know basis, provided that such parties are under a similar obligation to maintain the confidentiality of such Proprietary Information. 9.6 Further, each party may disclose the other's Proprietary Information in a judicial or quasi-judicial proceeding when required to do so by law when responding to a subpoena, deposition notice or similar judicial or governmental demand; in such situations, however, the party being requested to disclose the other's Proprietary Information shall endeavor to provide notice to the other party whereby the other party may intervene in the proceeding, if it wishes, and endeavor to prevent such disclosure. Additionally, each party may disclose the other's Proprietary Information to the various regulatory agencies having jurisdiction over the disclosing party. 9.7 Notwithstanding any contrary provision of this Agreement, as long as each party protects the Proprietary Information of the other, neither the exposure to the other party's Proprietary Information, nor its ownership of work products, shall prevent either party from using ideas, concepts, expressions, know-how, skills and experience possessed by either party prior to its association with the other party or developed by either party during its association with the other party, so long as the Proprietary Information of the other party is not used. 9.8 All capitalized terms used in this subsection and not otherwise defined shall have the meanings set forth in the Federal "Privacy of Consumer Financial Information" Regulation (12 CFR Part 40), as amended from time to time (the "Privacy Regulation"), issued pursuant to Section 504 of the Gramm-Leach-Bliley Act (15 U.S.C. 0000 xx xeq.). The parties acknowledge that the Privacy Regulation governs disclosures of nonpublic personal information about consumers. a. TERI hereby represents and warrantx xx follows with respect to any Nonpublic Personal Information released to TERI by Bank One (A) TERI controls access to the networx xx which any such Nonpublic Personal Information is stored, through the compliance with and utilization of its information security measures which restrict access; and (B) TERI's information security measures are consistent with Bank One's Information Security Standards, a copy of which are attached hereto as Exhibit E. b. TERI hereby agrees that it shall: (A) Comply with the terms and provisions of the Privacy Regulation, including, without limitation, the provisions regarding the sharing of Nonpublic Personal Information (as defined in the Privacy Regulation); (B) Not disclose or use any Nonpublic Personal Information that it obtains from Bank One except to carry out the purposes for which Bank One provided such Nonpublic Personal Information, or as otherwise permitted by the Privacy Regulation and other applicable laws; (C) Comply with Bank One's Information Security Standards; (D) Not make any changes to its security measures that would increase the risk of an unauthorized access; and (E) Not disclose any Nonpublic Personal Information disclosed to TERI by Bank One to any other entixx, except as follows: (1) To Bank One's Affiliates, with the prior consent of Bank One. (2) To TERI's affiliates, provided, that its affiliates may, in turn, disclose and use the information only to the extent that TERI may disclose and use the information; (3) To an unaffiliated third party, in the ordinary course of business in order to carry out the activity for which the information was disclosed to TERI pursuant to one of the following exceptions to the Privacy Regulation: (i) as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes; (ii) in connection with servicing or processing a financial product or service that a consumer requests or authorizes, or maintaining or servicing the consumer's account with Bank One; (iii) with the consent or at the direction of the consumer; or (iv) to protect the confidentiality or security of Bank One's records pertaining to the consumer, service, product or transaction; to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability; for required institutional risk control; for resolving consumer disputes or inquiries; to persons holding a legal or beneficial interest relating to the consumer, or acting in a fiduciary or representative capacity on behalf of the consumer; to provide information to insurance rate advisory organizations, guaranty funds or agencies, or Bank One's attorneys, accountants and auditors; to the extent specifically permitted or required under other provisions of law, to law enforcement agencies, a state insurance authority, self-regulatory organizations or for an investigation on a matter related to public safety; to a consumer reporting agency in accordance with the Fair Credit Reporting Act; to comply with Federal, State or local laws, rules and other applicable legal requirements, or a properly authorized civil, criminal or regulatory investigation, or subpoena or summons; or to respond to judicial process or government regulatory authorities having jurisdiction over Bank One for examination, compliance or other purposes as authorized by law. c. At any time, upon Bank One's request, TERI shall return to Bank One all Nonpublic Personal Information in its possession to which it is not entitled in its capacity as guarantor or owner of the loan. TERI agxxxx that money damages would not be a sufficient remedy for any breach of this Section and that Bank One shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Section by TERI. Such remedy shall not be the exclusive remedy for any breach of this Section, but shall be in addition to all other rights and remedies available to Bank One at law or in equity. Finally, Bank One shall be under no obligation to take any action which, within Bank One's reasonable judgment, would constitute a violation of the Privacy Regulation or its internal privacy policies. d. TERI shall permit Bank One to audix xxs operations for compliance with Bank One's Information Security Standards, upon reasonable notice from Bank One. e. Notwithstanding any other term to the contrary contained herein, this Section regarding Privacy of Consumer Financial Information shall survive any termination, cancellation, expiration and/or rescission of this Agreement. 9.9 Nothing herein will be construed to prohibit TERI from making, during xx xfter the term of this Agreement, any use or disclosure of information concerning applicants or Borrowers so long as the identity of the applicant or Borrower, and the identity of Bank One as the lender, cannot be discerned by any third party to which such disclosure is made. Without limitation of the foregoing, TERI will be free to sell xx The First Marblehead Corporation statistical abstracts of de-identified data based on the Loans guaranteed under this Agreement. 9.10 This Agreement may be executed in counterparts, all of which taken together shall constitute one and the same instrument.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "“Confidential Information." ” In TERI's ’s case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and e. Information concerning Loans and Borrowers that comes into TERI's ’s possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX TXXX may disclose any of the LENDER's ’s Confidential Information to any entity to which XXXX TXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. 8.2 In accordance with the provisions of Title V of the XxxxxGxxxx-Xxxxx-Xxxxxx Act (the "“GLB Act"”) and Federal Reserve Board Regulation P ("“Regulation P"”), XXXX TXXX agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "“nonpublic personal information" ” (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX TXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX TXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During the course of negotiating this Agreement and hereafter during the pendency of this Agreement, the parties from time to time may have revealed or may hereafter reveal to each other certain information concerning their respective business plans, business methods, financial data and projections, and/or information that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as "Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system. Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: : a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry 35 <PAGE> (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); ; b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; ; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; ; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on the nature, form, timing and content of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, and (iv) inform the Court and all counsel concerned that such information is and should be treated as confidential information of the other party; and and e. Information concerning Loans and Borrowers that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may disclose any of the LENDER's Confidential Information to any entity to which XXXX subcontracts its obligations under this Agreement pursuant to Section 5.7(e) hereof. 8.2 In accordance with the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "GLB Act") and Federal Reserve Board Regulation P ("Regulation P"), XXXX agrees, as a financial institution subject to Regulation P, to respect and protect the security and confidentiality of any "nonpublic personal information" (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain as its own property and use for any lawful purpose any or all aggregated or de-identified data concerning Loan applicants and Borrowers, which does not include the name, address or social security number of the Loan applicants or Borrowers. XXXX may sell, assign, transfer or disclose such information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. 8.1 During 9.1 XXXX and the LENDER each acknowledge that in the course of negotiating this Agreement and hereafter during the pendency of operations contemplated by this Agreement, and in the parties from time course of communications relative to time may have revealed or may hereafter reveal to each other certain this Agreement, it has received and will receive information concerning their respective the other's finances, business plans, business methods, financial data and projections, and/or information the like that is not generally known in the student loan industry, including, without limitation, the terms and conditions of this Agreement. All the foregoing is referred to herein as industry ("Confidential Information." In TERI's case, its Confidential Information also includes, but is not limited to, information concerning the operation of its telephone and on-line loan applications procedures, and its online credit scoring system"). Each party will use reasonable efforts to preserve the confidentiality of Confidential Information contained herein or disclosed to it by the other party, such efforts to be not less vigilant than those that such party uses to protect its own proprietary information. The foregoing is subject to the following qualifications: a. No party will be so bound with respect to information that is or becomes public knowledge in the student loan industry (but if it does so through any fault of such party that fault will be considered a material breach of this Agreement); b. No party will be so bound with respect to information that is now or hereafter comes into its possession by its own documented independent efforts or from a third party who, so far as the recipient party has reason to believe, is under no comparable restriction with respect to such information; c. Either party may disclose Confidential Information to its attorneys, auditors, agents, and consultants who are bound to maintain the confidentiality of such information; d. Either party may disclose Confidential Information in the context of any regulatory review of its operations or as compelled by law, regulation, or court order, provided that in the context of a court order the party required to disclose will (i) give the other party prompt written notice upon learning of the requirement so that the other party may take appropriate action to prevent or limit the disclosure, (ii) consult with the other party and use all reasonable efforts to agree on maintain the nature, form, timing and content confidentiality of the disclosure, (iii) except as otherwise agreed under (ii), disclose no more than its counsel advises is legally required, other's Confidential Information unless and (iv) inform the Court and all counsel concerned that until such information is and should be treated as confidential information becomes generally known through no fault of the other receiving party; and e. Information concerning Loans and Borrowers . The LENDER acknowledges that comes into TERI's possession shall not be considered Confidential Information of the Lender. f. Without limiting the foregoing, XXXX may will disclose any of the LENDER's Confidential Information to any entity First Marblehead Education Resources, Inc. (FMER), to which XXXX subcontracts has subcontracted its obligations under this Agreement pursuant to Section 5.7(e6.7(b) hereof, and with which the LENDER is contemporaneously entering into a confidentiality agreement. Except for such disclosure to FMER, XXXX will not disclose the LENDER's confidential information to any third party other than a subcontractor permitted under Section 6.7, an agent, or a consultant, and in any event only as necessary to assist XXXX in carrying out its functions under this Agreement, on a need-to-know basis, and under circumstances that require the disclosee to refrain from redisclosure to any other third party. 8.2 In accordance with 9.2 XXXX will not disclose to any third party, other than FMER, the provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (the "GLB Act") and Federal Reserve Board Regulation P ("Regulation P")name, XXXX agreesaddress, as a financial institution subject to Regulation Psocial security number, to respect and protect the security and confidentiality account number, or other personally identifiable information of any "nonpublic personal information" applicant or Borrower. Nothing herein, however, will prevent XXXX (as defined in the GLB Act and Regulation P) relating to applicants for Loans and to Borrowers, including, where applicable, the restrictions on the re-use and disclosure of such information set forth in the GLB Act and Regulation P. 8.3 Without limiting the foregoing, XXXX may retain or FMER as its own property subcontractor) from (i) retaining and use using such data as necessary for the operation of TERI's guaranty business, or (ii) retaining and using on a non-exclusive basis for any lawful purpose any or all aggregated or and de-identified data concerning Loan applicants and Borrowers, Borrowers which does not include the name, address or address, social security number number, account number, or other personally identifiable information of the Loan applicants any applicant or BorrowersBorrower. XXXX may sell, assign, transfer or disclose such aggregated and de-identified information to third parties including, without limitation, FMC, who may also use such information for any lawful purpose.