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The Customer agrees thatthIs Agreement binds the named Customer and each of IN employees, <br />agents, reprcaentatives, and persons associated with It. This Agreement urther binds each <br />aHlllated organization and any person, firm, corporation, or other organization with which <br />the Customer may enter ajolnt venture or other comparative enterprise. The term employee <br />means Individual on whom behalf the Customer Withholds income tares or makes <br />contributions under the federal insurance contributions act or similar statutes in other <br />random, <br />S. Exclusion of mcidenml, Consequential and Certain other Damages <br />Neither FASTER nor tie suppliers shall be liable for any special, Incldenti Indirect, punitive or <br />consequential damages adgng out of the use of or Inability to use the FASTER components or the <br />support temporal, or the provelon of or Figure to provide support services under this Agreement. <br />6. Limitation of Uabllity <br />Customer agrees that FAST ER411ability to Customer or any third party due to negligent pmfesslonal <br />acts, errors or omissions or breach of contract by FASTER will be llmfied to an aggregate of FASTER's <br />total fee. <br />2 Conlldentlal Information <br />'Confidential lnfgmation' means the terms of the Agreement, the Services, anywfivare provided by <br />FASTER or Customer under this Agreement, the logon Identifiers and passwords provided to <br />Customer and Its Authorized Users, the fees charged under this Agreement, mamr126 marked <br />confidential by CUsromeror FASTERand inverter information conveyed underthls Agreement In <br />writing merely that is declared confidential or bythe circumstances In which It is provided. Each <br />partyamnpwkdwas and agreesthat(a) the Confidential Information constitutes trade secrets of <br />the parry owning such Confidential Information; @) davit tae Confidential Information of the other <br />party solely In accordance with theprovislans of this Agreement; and lc) It will notdisclme, or <br />permitto he disclosed, the Confidential Information of the other party m mythlrA parlywithout <br />the disclosing party's whorwdtten consent. Each party will take all assemblies precautions <br />necessary to safeguard the mnndentialltyonhe other partyh<onfMentel Information including, at <br />a minimum, those precautions taken bya party b protect Its own Confidential Inrormaton of <br />similar nature, whim will in no event be less than a reasonable degree of rare ConndenlWl <br />Information will not include Information met s: (a) publicly available through no bull of the <br />recelving party; (b) already In the other partys possessmn and net subjected a mnOdent alny <br />obligation; Ud obtained by the other patty from any source without br each of any obligation of <br />confidentiality; or id) Independently developed by the abet perry, without reference to the <br />charlotte party's Confidential Intermatlon. Either party may disclose such Confidential Information <br />as is required to be declined by order of a court or other governmental entity; Provided reasonable <br />notice is given to the party owning such Confidential Information so that such party may challenge <br />the Makatea or obtain a protective order or other equitable relief. The obligations In the section <br />FASU", Response td 5243 for orange County, NC IPage 170 <br />