1E9Ct5D

No such compelled disclosure by the Receiving Party will otherwise affect theReceiving Party's obligations hereunder with respect to the Confidential Information sodisclosed.10.6 Return or Destruction of Customer's Confidential Information. [Upon/Within[one/[OTHER NUMBER] Business Days after] Customer's written request at any timeand subject to any contrary obligations under applicable Law, Provider shall atCustomer's direction [promptly] return or destroy and erase from all systems it directly orindirectly uses or controls (a) all originals and copies of all documents, materials andother embodiments and expressions in any form or medium that contain, reflect,incorporate or are based on Customer's Confidential Information, in whole or in part, or(b) solely such specific Customer Data, databases or other collections or articles ofCustomer's Confidential Information as Customer may request[, and provide a [notarized]written statement to Customer certifying that it has complied with the requirements ofthis Section 10.6].11. Personal Information.11.1 Definition and Permitted Use.(a) For purposes of this Agreement, "Personal Information" means anyinformation that any of the Provider Personnel collects, receives or obtains, from or onbehalf of Customer or any of its Authorized Users that does or can identify a specificindividual or by or from which a specific individual may be identified, contacted orlocated, such as the individual's name, address, social security number, etc., and any otherinformation relating to an identified or identifiable individual. Personal Informationincludes such information of or pertaining to Customer's personnel, directors, officers,agents, suppliers, contractors, investors or customers and all "nonpublic personalinformation," as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.),"protected health information" as defined under the Health and Insurance Portability andAccountability Act of 1996 (42 U.S.C. § 1320d), and "Personal Data" as that term isdefined in EU Data Protection Directive (Directive 95/46/EEC) on the protection ofindividuals with regard to processing of personal data and the free movement of suchdata, and all rules and regulations issued under any of the foregoing.(b) Provider shall not cause or permit any Personal Information to be Processedin any manner or for any purpose other than the performance of the Services incompliance with the restrictions set forth in this Agreement and all applicable Laws.11.2 Ownership and Treatment of Personal Information. As between Customer andProvider, Customer is and shall remain the sole and exclusive owner of all right, title andinterest in and to Personal Information. Without limiting any other representation,warranty or obligation of Provider under this Agreement, Provider represents, warrants33