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First Call Environmental <br />PO Box 6035 <br />Ashland, VA 23005 <br />804-441-9764 <br />Initials: __________24-Hour Emergency Response <br />may constitute valuable, special and unique assets of such party and may need to be protected <br />from improper disclosure. Each party agrees that it will not at any time or in any manner, either <br />directly or indirectly, use any Confidential Information of the disclosing party for the recipient's <br />own benefit, or divulge, disclose, or communicate in any manner any Confidential Information to <br />any third party without the prior written consent of the disclosing party, except as may be <br />required by law. Each party agrees to protect the other party's Confidential Information and treat <br />it as strictly confidential. <br />The obligations set forth in this Paragraph 10 shall not apply in the case of litigation between the <br />parties relating to or arising from this Agreement if such Information must necessarily be <br />disclosed. <br />"Confidential Information" does not include information which (i) is or becomes generally <br />available to the public other than as a result of a disclosure by the other party in violation of this <br />Agreement, (ii) was in the other party's possession or available to such party on a non- <br />confidential basis prior to its disclosure or (iii) is or becomes available to the other party on a <br />non-confidential basis from a source other than the disclosing party or its agents, provided that <br />such source is not, to the recipient's knowledge, bound by a confidentiality agreement with the <br />disclosing party or otherwise prohibited from transmitting the information to the recipient by a <br />contractual, legal or fiduciary obligation to the disclosing party. <br />10.CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this <br />Agreement shall remain in full force and effect after the termination of this Agreement. <br />11.RETURN OF RECORDS. Upon termination of this Agreement, First Call shall deliver all <br />records, notes, data, memoranda, models, and equipment of any nature that are in First Call's <br />possession or under First Call's control and that are the Customer's property or relate to the <br />Customer's business. <br />12.NOTICES. All notices required or permitted under this Agreement shall be in writing and <br />shall be deemed delivered when delivered in person or deposited in the United States mail, <br />postage prepaid, addressed as follows: <br />Update 2020 <br />Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002