7. Confidentiality.
i. In connection with the Services, either Client or FDS (the "Disclosing Party") may provide, or may direct or cause to be provided, certain Confidential Information to the other party (the "Receiving Party"). “Confidential Information” shall include all information received by the Receiving Party, whether written or unwritten and whether or not designated as confidential, including, without limitation: the terms of this Agreement, deliverables and communications associated with the Services, the fee schedule(s), information related to the Services, FDS’ recommendations or advice, all pricing information, information related to insurers, data, reports, communications, materials, deliverables, and other works. Confidential Information does not include information which (i) is or generally becomes available to the public other than through a breach of this Agreement, (ii) is communicated to the Receiving Party by a third party that had no confidentiality obligations with respect to such information, or (iii) was known to the Receiving Party prior to its disclosure in connection with this Agreement. The Receiving Party shall not use the Confidential Information for any purpose other than in connection with the provision of the Services. The Receiving Party shall keep the Confidential Information in the strictest confidence, and shall not disclose the Confidential Information to any third party (including but not limited to in connection with the sale of the Receiving Party’s business or its assets) without the prior written consent of the Disclosing Party. Moreover, the Receiving Party shall limit the disclosure of the Confidential Information to its respective directors, officers, employees, representatives or agents, in each case who have a legitimate “need to know” and who are bound in writing to observe the confidentiality obligations of this Agreement or similarly stringent provisions. The Receiving Party shall reasonably cooperate with and assist the Disclosing Party in identifying and preventing any unauthorized use, copying, or disclosure of the Confidential Information. Without limiting the foregoing, the Receiving Party shall advise the Disclosing Party immediately in the event the Receiving Party learns or has reason to believe that the terms of this Agreement have been violated or are likely to be violated. All Confidential Information is and shall remain property of the Disclosing Party. Upon the date of termination of this Agreement, the Receiving Party will destroy (and will not keep in its possession, recreate or deliver to anyone else) the Confidential Information (either electronic copies or hard copies). At the request of the Disclosing Party, the Receiving Party shall mail) that all documents have been so destroyed.
ii. The Receiving Party may disclose Confidential Information to the extent requested or required by a governmental, regulatory, self-regulatory, or supervisory authority having appropriate jurisdiction, including any court of law, provided, that the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, so the Disclosing Party may seek an appropriate protective order or other appropriate remedy. The Receiving Party shall reasonably cooperate with the Disclosing Party to obtain a protective order or other relief if requested to do so by the Disclosing Party.
iii. The Receiving Party agrees that any violation of the provisions of this Section will immediately give rise to continuing irreparable injury to the Disclosing Party that is inadequately compensable in damages at law, and the Disclosing Party shall be entitled to immediately seek equitable relief to protect its interests herein, including, but not limited to, injunctive relief, in addition to any other legal remedies which may be available, and the Disclosing Party shall be entitled to recover reasonable costs, including but not limited to, reasonable attorneys’ fees, expert witness fees, and court costs associated therewith.
iv. Notwithstanding the foregoing, Client agrees that FDS may use the aggregate data it gathers in the course of providing the Services, stripped of all identifying information, for purposes of study and that FDS may make such data available to others in its sole discretion.