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4. Confidentiality and Privacy 4.1 All parties to this MOU will agree to protect clearly marked Confidential Information of one another in a reasonable and appropriate manner, and will use confidential information only to perform its obligations under this engagement and for no other purpose. This will not apply to information which is publicly known, already known to the recipient, lawfully disclosed by a third party, independently developed, disclosed pursuant to legal requirement or order, and items that are subject to public access laws under Ind. Code 5-14-3. 4.2 GovEx agrees to use any personally identifiable information and data the City provides them only for the purposes of this engagement and as the City directs, and GovEx will not be liable for any third- partyclaims related to such. South Bend agrees to take necessary actions to ensure that the City complies with applicable laws relating to privacy and/or data protection, and acknowledge that GovEx is not providing legal advice on compliance with the privacy and/or data protection laws of any country or jurisdiction. 5. Publicity and Use of Names 5.1 WWC will work together with the City to pursue opportunities that highlight and celebrate the successes of South Bend and its City leaders in the media. 5.2 The City agrees to acknowledge Bloomberg Philanthropies, What Works Cites, and the Johns Hopkins University Center for Government Excellence in publications, advertising, speeches, lectures, interviews, press releases, internet web pages, and other similar activities related to the MOU (together, "Media Releases"). Any Media Release that refers to WWC, GovEx, and/or Bloomberg Philanthropies, and all written acknowledgements shall link to the WWC website (www.whatworkscities.ore). The City shall provide copies of all Media Releases to Johns Hopkins University and obtain those parties' consent prior to publication or distribution in any format of any Media Release. Further, to the extent that the City provides Media Releases to WWC, the City represents that it owns or otherwise has obtained all rights necessary to use, reproduce, publicly perform and distribute (including the right to sublicense) all works contained or used in the Media Releases. All requests for Johns Hopkins University approval shall be forwarded to the individual listed under the Section 8— Notices. 6. Intellectual Property WWC agrees that all trademarked or copyrighted works owned by the City (including but not limited to logos, written material, photos, and other similar works provided by the City to WWC) and provided to WWC, in any media, shall remain the property of the City. To the extent that the City provides any Media Release (and works contained therein) or trademarked or copyrighted works to WWC, the City represents that it owns or otherwise has obtained all rights necessary to use, reproduce, publicly perform, and distribute (including the right to sublicense) all such works. WWC has the right to publicly acknowledge n