CUSTOMER INFORMATION. Any and all information disclosed by [[Wesbanco:Organization]] to Consultant relating in any way to customers of [[Wesbanco:Organization]] (“Customer Information”) shall be deemed to be confidential information. Customer Information shall consist of all material information, whether or not marked as confidential, that Consultant receives from [[Wesbanco:Organization]] or from any other source on [[Wesbanco:Organization]]’s behalf, whether written, verbal, magnetic, electronic or in any other form. Customer Information shall consist of all [[Wesbanco:Organization]] customer-related information that would permit identification of the customer traceable to the customer’s account information, including any nonpublic personal information as defined by federal law, including, but not limited to, the Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801 and 6805) as it may be amended, any regulations promulgated thereunder and any other Customer Information protected by applicable state or federal law, rule or regulation. Consultant shall not use Customer Information for any purpose other than as reasonably necessary to fulfill the terms of this Agreement and shall not disclose Customer Information to any third person without the prior consent of [[Wesbanco:Organization]]. Consultant shall not make Customer Information available to any third parties except those with a need to know in conjunction with the performance of the Services hereunder. Consultant agrees to implement appropriate measures to ensure the security and confidentiality of all Customer Information in Consultant’s possession from time to time, including protecting against any anticipated threats or hazards to the security or integrity of the Customer Information and protecting against unauthorized access to or use of Customer Information that could result in substantial harm or inconvenience to any customer of [[Wesbanco:Organization]]. Consultant also agrees to permit [[Wesbanco:Organization]] to review the security procedures of Consultant, upon reasonable notice, to insure compliance with the provisions of the Gramm-Leach-Bliley Act and its implementing regulations.

Supply of Customer Information and Customer Materials. Customer shall supply to Lonza all Customer Information and Customer Materials and other information and/or materials that may be reasonably required by Lonza to perform the Services, in each case as identified in the Master Batch Record, and hereby grants Lonza the non-exclusive right to use the Cell Line, the Customer Materials and the Customer Information for the purpose of this Agreement. Lonza shall not be responsible for any delays arising out of Customer’s failure to provide Lonza such Customer Information, Customer Materials or other information or materials as set forth in the Master Batch Record, and Customer shall be responsible for all additional costs and expenses arising out of such delay; provided that Lonza shall promptly give Customer notice if any such failure is preventing and/or delaying Lonza’s performance. Lonza shall not use the Cell Line, Customer Materials and/or Customer Information (and/or any part thereof) for any purpose other than the performance of the Services under this Agreement.

Supply of Customer Information and Customer Materials. Customer shall supply to [[Lonza:Organization]] all Customer Information and Customer Materials and other information or materials that may be reasonably required by [[Lonza:Organization]] to perform the Services. [[Lonza:Organization]] shall not be responsible for any delays arising out of Customer’s failure to provide such Customer Information, Customer Materials, or other information or materials reasonably required to perform the Services to [[Lonza:Organization]], and ​. [[Lonza:Organization]] hereby undertakes not to use the Customer Materials or Customer Information (or any part thereof) for any purpose other than the performance of the Services under this Agreement. With respect to any Customer Materials, title shall remain with the Customer and shall not transfer to [[Lonza:Organization]].

Customer Materials. In the event Customer supplies to Ginkgo any tangible materials, including any Background Customer Strains, (“Customer Materials”) under and in accordance with the terms of a TDP, Customer will provide such Customer Materials at its sole cost and expense and in a timely manner to Ginkgo at the Ginkgo foundry, together with information specific to such Customer Materials, known to Customer, and reasonably required to enable Ginkgo to properly and safely handle, store, and use such Customer Materials. Ginkgo will properly and safely handle, store, and use such Customer Materials solely in accordance with the applicable TDP (and for no other purpose) and in accordance with Applicable Law. Notwithstanding the foregoing, unless it receives the prior written consent of Ginkgo’s Senior Executive, in no event will Customer transfer or provide to Ginkgo any tangible material that includes any direct identifiers or other individually identifiable information, including any “Protected Health Information” as defined in 45 C.F.R. Section 164.501. In all cases, any Customer Materials provided to Ginkgo under a TDP will be de-identified in accordance with 45 C.F.R. Section 164.514(b) before being so provided to Ginkgo.

As between Supplier and AT&T, title to all Customer Information and customer proprietary network information (“CPNI”) (as that term is defined in Section 222 of the Communications Act of 1934, 47 U.S.C. §222 (as amended, “[Section 222]”)) shall be in AT&T. Except as otherwise provided herein, no license or rights to any Customer Information are granted to Supplier hereunder.

Customer. Customer represents and warrants that # it owns or leases the Facilities; # it has the right and authority to enter into this Agreement; # it has all rights and licenses necessary to purchase and use the Products; # it does not require a license to any [[Illumina:Organization]] Application Specific IP, including without limitation, any Affiliate Application Specific IP in order to use the Products; # when performing Customer Use, it will only use the TG Consumables and Temporary Consumables; # it will use the Non-TG Consumables only for Research Use; and # the person(s) signing this Agreement on its behalf has the right and authority to bind Customer to the terms and conditions of this Agreement. Further, in the case of [[FMI:Organization]], [[FMI:Organization]] represents and warrants that # the person(s) signing this Agreement on its behalf has the right and authority to bind FMI Germany GmbH to the terms and conditions of this Agreement, # FMI Germany GmbH is a wholly-owned subsidiary of [[FMI:Organization]], and # [[FMI:Organization]] is jointly and severally liable for the acts or omissions of FMI Germany GmbH.

Customer Data. All right, title and ownership of Customer Data, including any derivatives thereof, is and shall remain solely and exclusively vested in Customer, including all IPR relating thereto. Medidata shall process Customer Data for the purpose of providing the Services to Customer pursuant to the Instructions.

Customer Indemnity. Subject to Section 13.3, Customer will defend and will indemnify Medidata against any third party claim and from any resulting damage awards, settlement amounts and reasonable attorney’s fees in any cause of action arising out of or relating to: # the occurrence of a Customer Infringement Event; # any claim that any materials, software, or other items provided to Medidata by Customer infringes a third party’s Intellectual Property Rights; # ​; or # breach of Section 2.4.

Customer Information. All customer lists, sales, records, and other customer information relating to the Business;

Supply of Customer Information and Customer Materials. Customer shall supply to [[Lonza:Organization]] all Customer Information and Customer Materials and other information or materials that may be reasonably required by [[Lonza:Organization]] to perform the Services. [[Lonza:Organization]] shall not be responsible for any delays arising out of Customer’s failure to provide such Customer Information, Customer Materials, or other information or materials reasonably required to perform the Services to [[Lonza:Organization]], and ​. [[Lonza:Organization]] hereby undertakes not to use the Customer Materials or Customer Information (or any part thereof) for any purpose other than the performance of the Services under this Agreement. With respect to any Customer Materials, title shall remain with the Customer and shall not transfer to [[Lonza:Organization]].