5. The RECIPIENT shall not be prevented from disclosing or using INFORMATION: a. which has been previously published or which is published hereafter for general readership, upon prior receipt from OWNER a written statement that such publication was not a breach of this AGREEMENT or a similar non-disclosure agreement with OWNER; b. which was already in RECIPIENT's possession prior to any disclosure of INFORMATION to RECIPIENT by OWNER, as evidenced by written records kept in the ordinary course of business of RECIPIENT or by proof or actual use by RECIPIENT; c. which has been or hereafter obtained by RECIPIENT from a third person (other than one acting on behalf of OWNER) who, to the best of RECIPIENT's knowledge and belief, is lawfully in possession of such INFORMATION and is not in violation of any contractual, legal, or fiduciary obligation to OWNER with respect to such INFORMATION; d. which is disclosed by RECIPIENT five (5) years after its receipt hereunder. It shall be presumed that any INFORMATION in the possession of RECIPIENT is not within exceptions (c) or (d) above and the burden is on RECIPIENT to prove otherwise by records and documentation. 6. All drawings, plans, data and other written INFORMATION submitted by OWNER to RECIPIENT or its representatives shall be promptly returned to OWNER upon request. 7. RECIPIENT shall, at its own expense take all steps, including the initiation and prosecution of actions at law or in equity, necessary to prevent the unauthorized use or disclosure of any INFORMATION by another party who gained such INFORMATION from RECIPIENT in violation of the terms of this AGREENENT. 8. This AGREEMENT shall be binding upon the undersigned, their heirs, legal representatives, successors, and assigns and shall be binding upon and inure to the benefit of and be enforceable by OWNER, its successors and assigns. 9. RECIPIENT shall not be liable for the disclosure of INFORMATION outside the express terms of this AGREEMENT if such disclosure is not caused by a culpable act on gross negligence by RECIPIENT, or its management, representatives, or employees. 10. This AREEMENT shall be governed by and construed in accordance with the laws of the State of California. Page 2 of 3