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14.10.1 Data Retention and Deletion for Incident Response Engagements. In addition to <br />any request made under Section 14.10by Client as Conveyor for return and destruction of <br />data, Client otherwise understands and agrees that Client data for incident response <br />engagements will be maintained by Arete until thirty (30) days after the forensic <br />investigation report is delivered toCounsel (or Client if no Counsel) or if no report is <br />requested, thirty (30) days after the final forensics update call, at which time Arete will <br />provide written notice to Counsel of project closure and the deadline to request return of <br />data. After thirty (30) days, Arete will no longer be responsible for Client data and will <br />have it deleted. <br />14.10.2 Data Retention and Deletion for Data Mining Breach Notification Services <br />Engagements. In addition to any request made under Section 14.10by Client as Conveyor <br />for the return and destruction of data, Client otherwise understands and agrees that Client <br />data for data mining breach notification services engagements will be maintained by Arete <br />for sixty (60) days after the breach notification report is delivered to Counsel for Client as <br />the project is complete. After sixty (60) days, data hosting charges will apply in accordance <br />with the monthly per gb rate stated in the SOW. <br />14.11 Confidential Information Exclusions. <br />The obligations and restrictions of this Agreement do not apply to that part of the <br />Confidential Information (excluding personal data) that the Recipient demonstrates: <br />(a)was or becomes generally publicly available other than as a result of a disclosure by the <br />Recipient in violation of this Agreement; <br />(b)was or becomes available to the Recipient on a nonconfidential basis before its disclosure <br />to the Recipient by the Conveyor, but only if: <br />(i)the source of such information is not bound by a confidentiality agreement with the <br />Conveyor or is not otherwise prohibited from transmitting the information to the <br />Recipient or a Recipient Representative by a contractual, legal, fiduciary,or other <br />obligation; and <br />(ii)the Recipient provides the Conveyor with written notice of such prior possession either: <br />(A) before the execution and delivery of this Agreement or (B) if the Recipient later <br />becomes aware (through disclosure to the Recipient) ofany aspect of the Confidential <br />Information as to which the Recipient had prior possession, promptly on the Recipient <br />so becoming aware; or <br />(c)is requested or legally compelled (by oral questions, interrogatories, requests for <br />information or documents, subpoena, civil or criminal investigative demand, or similar <br />process), or is required by a regulatory body, to be disclosed. However,unless prohibited <br />by law,the Recipient shall: <br /> /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ <br />tğŭĻ΋ЊЉ <br />www.areteir.com <br /> <br />