Common use of Return or Destruction of Proprietary Information Clause in Contracts

Return or Destruction of Proprietary Information. Immediately upon (i) the completion of Services, or (ii) a written request by Company, at any time, delivered to Servicer, Servicer will return to Company or destroy (at Servicer’s option), and certify to such destruction, all Proprietary Information of Company and all documents or media containing any such Proprietary Information and any and all copies or extracts thereof, including, to the extent practicable, expunging all such Proprietary Information from any computer, word processor or other device containing such information. Notwithstanding the foregoing, (i) Servicer or its Representatives may retain Proprietary Information to the extent it is “backed-up” on the electronic information management and communications systems or servers of Servicer or Servicer’s Representatives, is not available to an end user and cannot be expunged without considerable effort, and (ii) Servicer’s legal department and/or outside counsel may keep one copy of the Proprietary Information, and with respect to Servicer’s Representatives who are accounting firms, such firms may keep one copy of the Proprietary Information in accordance with policies and procedures in place to comply with applicable law, regulations, professional standards or reasonable business practice. The delivery or destruction of Proprietary Information under this Section 9 shall not terminate any duties or obligations under this Agreement.