The obligations of this Article 12 will be imposed on administrators, corporate officers, employees, agents and consultants of ACER. Each Party undertakes to limit the dissemination of Confidential Information received from the other Party to members of its staff involved in the performance of the present Agreement.

Dissemination of Information. The Borrower authorizes each Lender to disclose

Dissemination of Information. The Borrower authorizes each Lender to disclose to any Participant or Purchaser or any other Person acquiring an interest in the Loan Documents by operation of law (each a “Transferee”) and any prospective Transferee any and all information in such Lender’s possession concerning the creditworthiness of the Borrower and its Subsidiaries, subject in each case to the confidentiality provisions of [Section 12.6].

Each Company maintains policies and procedures regarding data security, privacy, and Personal Information that are commercially reasonable for such Company and, in any event, comply in all material respects with all obligations to its customers or to other Data Subjects, and with all Applicable Privacy Laws[[Parties:Organization]] The use and dissemination of any and all Personal Information by each Company is in compliance with all applicable publicly-posted privacy policies, terms of use, customer agreements and all Applicable Privacy Laws[[Parties:Organization]] The Transaction will not violate any publicly posted privacy policy, terms of use, customer agreements involving the processing of Personal Information, or any Applicable Privacy Law relating to the use, dissemination or transfer of any Personal Information[[Parties:Organization]] Within the last five years, there has been no security breach relating to and there has been no unauthorized use, disclosure or acquisition of, any Personal Information or Company Intellectual Property stored by or on behalf of any of the 25041432.12

Confidentiality Obligation. Recipient will: # treat as confidential, and protect the Confidential Information of the Discloser from all unauthorized use, disclosure, copying, dissemination or distribution; # use such Confidential Information solely for the purposes of this Agreement; # not disclose, deliver, distribute, display, demonstrate or otherwise make available such Confidential Information to any employees or other Persons, except those employees and contractors of Recipient (“Representatives”) who # need to know such Confidential Information for the purposes of performing the Recipient’s obligations under this Agreement, # have been informed that such Confidential Information belongs to the Discloser, and # have agreed, in a written agreement, to maintain the confidentiality thereof; # promptly return and/or destroy all such Confidential Information upon the earlier of Discloser’s request or the expiration or termination of this Agreement (and if such return is impossible as to any portion of the Confidential Information, then Recipient will promptly permanently destroy such Confidential Information and certify to Discloser that all such Confidential Information, including all copies thereof, has been completely and permanently destroyed); # immediately notify Discloser upon discovery of any loss or unauthorized use, disclosure, copying, dissemination or distribution of any such Confidential Information and use all reasonable efforts to retrieve such Confidential Information; # not reverse engineer or analyze such Confidential Information (except as permitted by law); and # will not remove or obscure markings (if any) on Confidential Information indicating its proprietary or confidential nature. If any Representative uses, discloses, copies, disseminates or distributes Confidential Information other than as authorized in this Agreement, Recipient will be liable to Discloser for such use, disclosure, copying, dissemination or distribution to the same extent that it would have been had the Recipient used, disclosed, copied, disseminated or distributed that Confidential Information.

Confidentiality Obligations. As between the Parties, all Confidential Information remains the property of the Discloser. Recipient will: # treat as confidential, and protect the Confidential Information of the Discloser from all unauthorized use, disclosure, copying, dissemination or distribution; # use such Confidential Information solely for the purposes of this Agreement; # not disclose, deliver, distribute, display, demonstrate or otherwise make available such Confidential Information to any employees or other Persons, except those employees and contractors of Recipient (“Representatives”) who # need to know such Confidential Information for the purposes of performing the Recipient’s obligations under this Agreement, # have been informed that such Confidential Information belongs to the Discloser, and # have agreed, in a written agreement, to maintain the confidentiality thereof; # promptly return and/or destroy all such Confidential Information upon the earlier of Discloser’s request or the expiration or termination of this Agreement (and if such return is impossible as to any portion of the Confidential Information, then Recipient will promptly permanently destroy such Confidential Information and certify to Discloser that all such Confidential Information, including all copies thereof, has been completely and permanently destroyed); # immediately notify Discloser upon discovery of any loss or unauthorized use, disclosure, copying, dissemination or distribution of any such Confidential Information and use all reasonable efforts to retrieve such Confidential Information; # not reverse engineer or analyze such Confidential Information (except as permitted by law); and, # will not remove or obscure markings (if any) on Confidential Information indicating its proprietary or confidential nature. If any Representative uses, discloses, copies, disseminates or distributes Confidential Information other than as authorized in this Agreement, Recipient will be liable to Discloser for such use, disclosure, copying, dissemination or distribution to the same extent that it would have been had the Recipient used, disclosed, copied, disseminated or distributed that Confidential Information.

Both Parties acknowledge that in the event of dissemination or unauthorized use of inside information, criminal and administrative penalties will apply (included those provided for under Articles 184 of the legislative decree).

Dissemination of Information. Each Borrower authorizes each Lender to disclose to any Participant or Purchaser or any other Person acquiring an interest in the Loan Documents by operation of law (each a “Transferee”) and any prospective Transferee any and all information in such Lender’s possession concerning the creditworthiness of such Borrower and its Subsidiaries; provided, that each Transferee and prospective Transferee agrees to be bound by Section 10.9 of this Agreement.

Dissemination of Information. The Borrower authorizes each Lender to disclose to any Participant or Purchaser or any other Person acquiring an interest in the Facility Documents by operation of law (each a “Transferee”) and any prospective Transferee any and all information in such Lender’s possession concerning the creditworthiness of the Borrower and its Subsidiaries; provided that each Transferee and prospective Transferee agrees in writing to provisions at least as restrictive as those in [Section 9.11] of this Agreement.

. Each Borrower authorizes each Lender to disclose to any Participant or Purchaser or any other Person acquiring an interest in the Loan Documents by operation of law (each a “Transferee”) and any prospective Transferee any and all information in such Lender’s possession concerning the creditworthiness of such Borrower and its Subsidiaries; provided, that each Transferee and prospective Transferee agrees to be bound by Section 10.9 of this Agreement.