2025-676-E-Economic Dev-AirDNA-Monthly STR Data

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Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of the Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. Upon the termination of the Agreement, each Party must return or destroy the other Party’s Confidential Information upon request. 3.2. Exceptions. Confidential Information does not include information that: (i) at the time of disclosure is in the public domain; (ii) known to the receiving Party at the time of disclosure; (iii) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (iv) independently developed by the receiving Party without use of or reference to Confidential Information. 3.3. Misuse or Compelled Disclosure. Either Party shall promptly notify the other Party of any misuse or misappropriation of Confidential Information that comes to its attention. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making any such disclosure shall first have given written notice to the other Party and and reasonably cooperate in any effort to seek a protective order or otherwise to contest such required disclosure. 4. Intellectual Property. 4.1. AirDNA Intellectual Property. Customer acknowledges that AirDNA owns and retains all right, title, and interest, including all intellectual property rights, in and to the Site and the Data Services. Customer further acknowledges that: (i) the Data Services are an original compilation protected by United States copyright laws; (ii) AirDNA has dedicated substantial resources to collect, manage, and compile the Data Services; and (iii) the Data Services constitute trade secrets of AirDNA. Customer acknowledges and agrees that it will be considered a material breach by Customer under these Terms if Customer contests any of AirDNA's right, title, or interest in or to the Data Services, including without limitation, in a judicial proceeding anywhere throughout the world. 4.2. Customer Intellectual Property. Customer retains all right, title, and interest in and to all information, files or other materials and content that Customer makes available to AirDNA in connection with Customer’s use of the Data Services (the “Customer Data”). Customer grants to AirDNA the necessary licenses and rights to Customer Data solely as necessary for AirDNA to provide the Data Services to Customer. AirDNA will not use or access any Customer Data except as necessary to provide the Data Services. Additionally, during the Term of this Agreement, Customer grants AirDNA a 10/23/25, 1:37 PM Enterprise Terms of Service https://www.airdna.co/legal/enterprise-terms-of-service 5/15 Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE