Each Party retains all rights and title to all Proprietary Information, in any form, disclosed to the other Party pursuant to this Agreement. Each Party acknowledges that such information is of substantial value and that any disclosure or misuse of such information is harmful to the originating Party.

Each Party retains allparty acknowledges that the other possesses, and will continue to possess, information that has been created, discovered or developed by them and/or in which property rights have been assigned or otherwise conveyed to them, which information has commercial value and titleis not in the public domain. The proprietary information of each party will be and remain the sole property of such party and its assigns. Each party shall use the same degree of care that it normally uses to all Proprietary Information, in any form, disclosedprotect its own proprietary information to prevent the disclosure to third parties of information that is proprietary to the other Party pursuant toparty. Neither party shall make any use of the information of the other which has been identified as proprietary except as contemplated or required by the terms of this Agreement. Each Party acknowledgesNotwithstanding the foregoing, this Article shall not apply to any information that a party can demonstrate: # was, at the time of disclosure to it, in the public domain through no fault of such party; # was received after disclosure to it from a third party who had a lawful right to disclose such information is of substantial value and that any disclosureto it; or misuse of such information is harmful to# was independently developed by the originating Party.receiving party.