6. F (8) Agreement for services with Hathaway 2, Inc.

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cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 20-Day period. Upon the occurrence of a default under this Agreement, the non-defaulting party may institute legal proceedings to enforce the teens of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured, then no default shall exist and the noticing party shall take no further action. C. l~uiver ofRi, lz~ts. No right conferred on either party under this Agreement shall be deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the Commission's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Agreement shall be and remain liable to the Agreement in accordance with applicable law for all damages to the Commission caused by the Provider's negligent performance of any of the services furnished under this Agreement. D. Misrepresentations. Notwithstanding any other provision of this Agreement to the contrary, if a party intentionally, knowingly or recklessly makes a written representation materially related to the provision of the Requested Services or the obligations of said party under this Agreement, the other party may terminate the agreement immediately upon delivery of a Default Notice. E. Pr ject Close-Out. In the event that the Provider expends funds or perform services that are less than the Contract Amount or if the Project is canceled, expired or terminated for any reasons, the Contract Amount not incurred or claimed by the Provider shall be no longer available under this Agreement after all compensation earned and reimbursable expenses incurred as of the date the Provider received written notification of the cancellation or termination Project have been paid. F. Reversion o Assets. At the conclusion, cancellation, assignment or termination of this Agreement, all work product in whatever form, written, electronic, or otherwise, shall be delivered to the Commission, and the Parties hereby agree the Commission and not Provider or any of Provider's subcontractors or agents, has any ownership interest in the work performed as part of this Agreement. SECTION 7. Confidentiality, Conflict of Interest, and Disclosure. A. Confidential In ormation. The Provider acknowledges that inforn~ation which the Commission regards as confidential or proprietary in nature ("Information"), may come to the knowledge of the Provider during the Provider's performance of services. The Provider shall treat the Information as strictly confidential and agrees that the Provider will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit or the benefit of any director, official, employee or agent or any third party, or (ii) divulge, disclose or 8