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6 <br /> c. Consultant Confidential Information. By virtue of this Agreement, the Customer will have <br /> access to confidential information and materials of the Consultant that are provided to the <br /> Customer after the execution of this Agreement and so designated in writing(collectively,the <br /> "Consultant Confidential Information"). Consultant Confidential Information does not include <br /> information that (i) is already in the Customer's possession at the time of disclosure by the <br /> Consultant, (ii) is or becomes part of public knowledge other than as a result of any action or <br /> inaction of the Customer, (iii) is obtained by the Customer from an unrelated third party <br /> without a duty of confidentiality, or (iv) is independently developed by the Customer. The <br /> Customer shall not use Consultant Confidential Information for any purpose other than in <br /> furtherance of this Agreement and the activities described herein. The Customer shall not <br /> disclose Consultant Confidential Information to any third parties except as otherwise <br /> permitted hereunder. The Customer shall maintain Consultant Confidential Information with <br /> at least the same degree of care it uses to protect its own proprietary information of a similar <br /> nature or sensitivity, but no less than reasonable care under the circumstances. The <br /> Customer shall promptly advise the Consultant in writing of any misappropriation or misuse <br /> of Consultant Confidential Information of which the Customer becomes aware. <br /> d. Exclusions. Notwithstanding the foregoing, this Agreement shall not prevent the Consultant <br /> from disclosing Customer Confidential Information or the Customer from disclosing <br /> Consultant Confidential Information to the extent required by a judicial order or other legal <br /> obligation; provided, however, that, in such event, the Party from which disclosure is sought <br /> shall promptly notify the other Party to allow intervention (and shall cooperate with the Party <br /> from which disclosure is sought)to contest or minimize the scope of the disclosure (including <br /> application for a protective order). Further, Each Party may disclose the terms and conditions <br /> of this Agreement(i) in confidence,to legal counsel, (ii) in confidence,to accountants,and (iii) <br /> in connection with the enforcement of this Agreement or any rights hereunder. <br /> e. Equitable Relief. The Consultant acknowledges that unauthorized use or disclosure of <br /> Customer Confidential Information could cause the Customer irreparable harm for which its <br /> remedies at law would be inadequate, and, similarly, the Customer acknowledges that <br /> unauthorized use or disclosure of Consultant Confidential Information could cause the <br /> Consultant irreparable harm for which its remedies at law would be inadequate. Accordingly, <br /> each Party acknowledges and agrees that the other Party will be entitled, in addition to any <br /> other remedies available to it at law or in equity,to the issuance of injunctive relief enjoining <br /> any breach or threatened breach of its obligations hereunder. <br /> 6. Warranties. <br /> a. Authority. The Consultant represents, warrants and covenants to the Customer that the <br /> Consultant has the full power and authority to enter into this Agreement and to perform its <br /> obligations hereunder, without the need for any consents, approvals or immunities not yet <br /> obtained. <br /> b. No Implied Warranties. The Customer agrees that (i)the Consultant is not the manufacturer <br /> or distributor of any of the products or services subject to the Services (collectively, the <br /> "Third-Party Products"), (ii) the warranties and representations, if any, applicable to any of <br /> the Third-Party Products (including, without limitation, their respective specifications) are <br /> those of the manufacturer or distributor thereof and not the Consultant, and (iii) the <br /> Page 4 of 19 <br />