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treatment and tax structure of the Program and all materials of any kind(including opinions or other tax analyses)
<br /> that are provided to either Party relating to the tax treatment and tax structure of the Program.
<br /> 7.6 Intentionally Deleted.
<br /> 7.7 Survival. Notwithstanding anything to the contrary,the obligations of the Parties under Sections
<br /> 7.1 through 7.7 shall survive the termination or expiration of this Master Agreement.
<br /> ARTICLE 8-DOCUMENTS AND DATA
<br /> 8.1 Ownership Rights. Any Feasibility Study, Feasibility Report or other report or document
<br /> furnished or to be furnished by the Company pursuant to this Master Agreement constitute Confidential Information
<br /> and shall remain the sole and exclusive property of the Company and may only be used by the Customer through the
<br /> grant of a limited license for the operation,maintenance,repair or alteration of any ECO installed by the Company.
<br /> The Customer shall not acquire any rights or interest with respect to the Company's or its Subcontractors'
<br /> proprietary technology, know-how, processes or computer software or any other intellectual property that may be
<br /> used in connection with the Services or the supply of equipment and materials hereunder. The Customer
<br /> acknowledges that the Company provides Services to other companies and agrees that nothing in this Master
<br /> Agreement will be deemed or construed to prevent the Company from carrying on such business. In particular, the
<br /> Customer agrees that,notwithstanding anything to the contrary set forth herein,as part of the Company's provision
<br /> of the Services hereunder,the Company may utilize software,methodologies,tools,specifications,models, samples
<br /> and documentation, the Company's Confidential Information, as well as copyrights, trademarks, service marks,
<br /> ideas,concepts,know-how,techniques,knowledge or data,which have been originated,developed or purchased by
<br /> the Company or by third parties under agreements to provide services for such third parties.
<br /> 8.2 No Use of Documents After Termination. If any Feasibility Study, Feasibility Report or other
<br /> document prepared by the Company under this Master Agreement is terminated, in whole or in part, by the
<br /> Customer prior to completion of the installation of any ECO, or the Customer chooses not to proceed with the
<br /> implementation of an ECO as set forth herein,then the Customer shall not be entitled to use any such document for
<br /> any purpose whatsoever,and the Customer shall promptly return all originals,copies,discs,and other forms of data
<br /> to Company. To the extent that the Customer fails to comply with its obligations under this Section 8.2 and
<br /> Company incurs damages,Customer shall indemnify and hold Company harmless with respect to all claims,actions,
<br /> liabilities and costs(including reasonable attorneys'fees and costs of litigation)arising out of any unauthorized use
<br /> by the Customer.
<br /> ARTICLE 9-INSURANCE
<br /> 9.1 Insurance to Be Maintained by the Company. At any time that the Company is performing
<br /> Services under this Master Agreement at any Customer Service Location, the Company shall keep and maintain,
<br /> with insurers of recognized responsibility,the following insurance, which shall include the coverages and limits set
<br /> forth below:
<br /> 9.1.1 Worker's Compensation Insurance covering all of the Company's employees as required
<br /> by law;
<br /> 9.1.2 Commercial General Liability Insurance, including contractual liability, premises and
<br /> operations, broad-form property damage, products/completed operations, independent contractor, and personal
<br /> injury coverages,with a limit of not less than$1,000,000 for each occurrence,combined single limit;
<br /> 9.1.3 Commercial Automobile Liability Insurance, including coverage for liability arising out
<br /> of the use of owned, non-owned, leased or hired automobiles, for both bodily injury and property damage in
<br /> accordance with state legal requirements, having not less than $1,000,000 combined single limit per occurrence.
<br /> Anything to the contrary notwithstanding,the Company may self insure any requirement of this Section 9.1;and
<br /> Page 12 of 20 Rev 08/15/08
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