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A TRUE COPY CERTIFICATION ON LAST PAGE 1K BARTON , CLERK Information .. and any and all summaries , distillations , excerpts , work product or other documents utilizing or incorporating same , whether in whole or in part . Medical claim record information concerning individuals covered under the Plan , Administrator ' s provider contract information , e . g . , allowances , fee schedules . etc . , and any other information designated in writing by Administrator as confidential , trade secret , or proprietary . 2 . Stop Loss Carrier and/or Broker shall only request, use and disclose the minimum amount of Confidential Information necessary for Stop Loss Carrier and/or Broker to perform the services for Employer . 3 . Confidential Information shall not include information that ( i ) is already known to Stop Loss Carrier and/or Broker on effective date of this Agreement ; ( ii ) is or becomes known to the general public other than as a direct or indirect result of any act or omission of Employer, Stop Loss Carrier, Broker, or the affiliates , officers , directors , partners , employees , or agents (collectively , the "Related Parties ") of Employer, Stop Loss Carrier or Broker ; ( iii ) is lawfully received by Stop Loss Carrier and/or Broker from a third parry that Stop Loss Carrier and/or Broker has verified is free to disclose the information without restriction on disclosure ; or ( iv) is independently developed by Stop Loss Carrier and/or Broker without use of Confidential Information . 4 . Subject to applicable laws , Administrator will release to Stop Loss Carrier and/or Broker certain Confidential Information for purposes of: 1 ) monitoring designated cases for which reinsurance coverage may be available to Employer ; and/or 2 ) auditing claims payments made by Administrator : provided that Employer is in compliance with all other terms and conditions of this Agreement and the Administrative Services Agreement, and Stop Loss Carrier and Broker are in compliance with all other terms and conditions of this Agreement . 5 . Stop Loss Carrier and Broker each acknowledge that Administrator will provide Confidential Information to Stop Loss Carrier and/or Broker in confidence and solely for Stop Loss Carrier ' s and/or Broker ' s use in performing the services for Employer . Accordingly , Stop Loss Carrier and Broker each agree ( i ) to protect any and all Confidential Information Stop Loss Carrier or Broker receives from unauthorized access , use and disclosure ; ( ii ) not to use the Confidential Information for any purpose other than performing the services for Employer ; ( iii ) not to record , copy, or reproduce any Confidential Information in any form , except to the extent necessary to perform the services for Employer; ( iv ) not to disclose the Confidential Information to , or otherwise permit to access the Confidential Information , any third party , including without limitation Stop Loss Carrier ' s or Broker ' s Related Parties , except as expressly provided herein or with Administrator ' s prior written consent ; (v) to limit access to and use of the Confidential Information to those of Stop Loss Carrier ' s or Broker ' s employees who have a need to know such information for the purpose of performing the services and have acknowledged, in a writing which will be made available to Administrator upon request, their individual agreement to the terms hereof, and (vi ) to take any and all other steps necessary to safeguard Confidential Information against unauthorized access , use , and - D2 -