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such keys beyond termination of any Service order or this Agreement Is prohibited) and associated documentation (including
<br />copies); and (c) any IP addresses assigned to Customer. Customer agrees not to open, alter, misuse, tamper with or
<br />remove the equipment required to operate the service. Customer will not remove any markings or labels or serial numbers
<br />from the equipment. If the equipment is damaged, destroyed, lost or stolen while In Customer's possession then Customer
<br />shall be liable for the cost of repair or replacement of such equipment, US Signal is responsible for maintaining its software
<br />and hardware in accordance with the terms of this Agreement. Customer will safeguard such equipment from loss or
<br />damage of any kind, and will not permit anyone other than an authorized representative of US Signal to perform any work on
<br />the device, US Signal will cable up to twenty (20) feet within the same room from the equipment to Customer's equipment at
<br />no additional charge. Customer shall provide adequate space and AC power within six (6) feet of the demarcation or
<br />extension, thereof. Prior to installation, Customer shall notify US Signal of any special requirements regarding the placement
<br />of the equipment at Customers premise to accommodate all Customer's employees, agents and contractors with a physical
<br />disability who are tasked with monitoring such equipment in order to perform their job functions. Any request, post
<br />installation, to relocate the equipment will result in additional non -recurring charges.
<br />Section 4.3 Confidentiality.
<br />Each party agrees that all information furnished to it by the other party, or to which it has access under this Agreement, shall
<br />be deemed confidential and proprietary information (collectively referred to as "Proprietary Information") of the disclosing
<br />party and shall remain the sole and exclusive property of the disclosing party. Each party shall treat the Proprietary
<br />Information and the contents of this Agreement in a confidential manner and, except to the extent necessary in connection
<br />with the performance of its obligations under this Agreement, neither party shall directly or indirectly disclose the same to
<br />anyone other, than its employees,, and contractors who have a need to know the Proprietary Information. The confidentiality
<br />obligations of this Section do nol apply to any portion of the Proprietary Infommation which;. (a) is or becomes public
<br />knowledge through no fault of the receiving party; (b) is in (be lawful possession of the receiving party prior to disclosure to it
<br />by the disclosing party (as confirmed by the receiving patty's records); (c) is disclosed to the receiving party without
<br />restriction on disclosure by a person who has the lawful right to disclose the information; (d) is required to be disclosed by
<br />law or regulation; or (e) is disclosed pursuant to the lawful requirements or formal request of a governmental agency, If the
<br />receiving party is requested or legally compelled by a governmental agency to disclose any Proprietary Information of the
<br />disclosing party, the receiving party agrees that It will provide the disclosing party with prompt written notice (if lawfully
<br />permitted) of such requests so that the disclosing party has the opportunity to pursue its Legal and equitable remedies
<br />regarding potential disclosure. Each party acknowledges that its breach or threatened breach of this Section may cause the
<br />disclosing party irreparable harm which would not be adequatety compensated by monetary damages, Accordingly, in the
<br />event of any such breach or threatened breach, the receiving party agrees that equitable relief, including a temporary or
<br />permanent injunction, is an available remedy in addition to any legal remedies to which the disclosing party may be entitled.
<br />The obligations of the Parties relating to confidentiality survive termination of this Agreement for a two (2) year period. In the
<br />event Customer and US Signal enter Into a separate Nan -Disclosure Agreement ("NDA"), then such NDA shall be
<br />incorporated into this Agreement by reference herein, and If any terms and conditions of such NDA are in conflict with the
<br />terms and conditions herein, then the NDA shall supersede the oonfrdentiality terms and conditions In this clause, excluding
<br />US Signal's CPNi obligations as defined in this Agreement,
<br />Section 4.4 CPNI.
<br />Customer Proprietary Network Information ('CPNI"), as defined by United States Code 47 U.S.C. § 222(h) (1), shall be
<br />considered to be the confidential Irrfomlation of Customer. Customer authorizes US Signal to disclose CPNI: 1) to any third
<br />party agent designated on page one (1) of this Agreement; 2) to any future designated person(s) via written letter of
<br />authorization; and 3) to a lawful requirement or request from a court or governmental agency. Except as otherwise expressly
<br />permitted herein, US Signal agrees that it will not: (a) use the CPNI for any purpose other than to further the purpose of this
<br />Agreement; and (b) disclose or reveal the CPNI to any person or entity other than its employees, directors, officers, and
<br />consultants who have a need to know to further the purpose of this Agreement and are subject to legally binding obligations
<br />of confidentiality and non-use no less restrictive than those contained in this Agreement.
<br />Section 4.5 Publicity.
<br />Neither party may use the name, logo, trade name, service marks, or printed materials of the other party, in any promotional
<br />or advertising materials, statement, document, press release or broadcast without the prior written consent of the other party;
<br />which consent may be granted or withheld at the other party's sole discretion.
<br />ARTICLE 5
<br />WARRANTIES, INDEMNIFICATION AND LIMITATIONS OF LIABILITY
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