5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed

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Page 18 of 21 Confidential financial information and other information that Grantee desires to be withheld from disclosure in accordance with the Indiana Access to Public Records Act shall be submitted in a separate addendum clearly designated by Grantee as confidential along with reference to the basis for such non-disclosure pursuant to APRA. The RDA shall not be liable to Grantee for any claims or damages arising from the disclosure of any documents or information marked confidential. Grantee shall also allow the RDA to distribute public information, data, or statistics that the RDA collects on its RDP and the Project to third parties. If requested, the Grantee shall work together with the RDA or a third party, as applicable, on the terms of the data collection, format, submission timelines and distribution methods. 27.PUBLIC RELEASE. Grantee shall use reasonable efforts to coordinate with the RDA in advance of issuing any public relations communications and/or materials, including press releases, or otherwise responding to media inquiries (collectively, “Public Release”) in relation to the subject matter of this Agreement, including the Project. Should the RDA reasonably object to the Grantee’s Public Release, the parties agree to work together to resolve and/or revise the Public Release. Grantee shall ensure that prompt responses and materials are provided to the RDA for the preparation of any Public Release. Grantee shall designate an individual to serve as the primary contact regarding Public Releases. In no event shall Grantee be required to notify the RDA prior to making a notice, submission, or disclosure required by law. 28.USE OF IEDC AND RDA NAME. The RDA and the IEDC have not granted any rights to use their name, trademark, intellectual property, or logos under this Agreement or the IEDC Agreement. Grantee shall not use the IEDC’s or the RDA’s name or intellectual property, including IEDC or RDA trademarks or logos, in any manner, including commercial advertising or as a business reference, without the prior written consent of the IEDC or the RDA, as applicable. For any purposes outside those contemplated by this Agreement, and for which the IEDC’s participation will be referenced, the IEDC or the RDA shall have the right of review and approval of the use, disclosure, and the finished product prior to publication. All such requests from the Grantee must be made in writing and delivered to the RDA for approval at its sole discretion. Any requests by Grantee for the use of the IEDC name or intellectual property shall be first submitted to the RDA who shall work with the IEDC regarding review and approval. The Grantee shall not invoke the name of the RDA or any officer, director or agent of the RDA in connection with any public or private presentation or meeting with respect to the Project, including, without limitation, that the RDA, officer, director or agent supports the Project, without the prior written permission of the RDA. The approval of Project Funds relates only to the issue of the Project as being, in general, of regional importance, and not an endorsement of the physical project or the Grantee. 29.ASSIGNMENT. The RDA shall have the right to unilaterally assign its rights to recover Project Funds and delegate its rights under this Agreement to the IEDC. In such event, the RDA shall provide notice to Grantee of such unilateral assignment and delegation. THE PARTIES AGREE THAT IN NO EVENT SHALL THIS PROVISION BE VOIDED OR CONSTITUTE A MATERIAL BREACH AS SIGNATURE TO THIS AGREEMENT SHALL CONSTITUTE THE PARTIES’ CONSENT TO THE RDA’S UNILATERAL ASSIGNMENT AND DELEGATION