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15. Confidentiality (a) Unless expressly approved by a Party or otherwise expressly permitted under this Agreement, the other Party shall not use, or permit others to use, such Party's or its Affiliates' name, brand or logo in any documentation, advertising or marketing materials or other public displays. (b) It may be necessary for each Party to provide the other Party information necessary to permit performance of their respective obligations hereunder. The Parties agree that the terms of this Agreement and all information including cost estimates, financial and other information provided by the other Party, which is clearly marked as confidential or proprietary, will be held in strict confidence to the extent allowed by the State of New York, and upon the expiration or earlier termination of this Agreement, the Parties and their respective officers, employees, agents, advisors and representatives, will continue to hold such information in confidence and will promptly return such confidential documents provided by the other Party. The Parties' obligations to treat such information as confidential shall terminate at the expiration of five (5) years from the termination of this Agreement. Nothing in this Agreement shall limit either Party's use or disclosure of information which: (i) is generally known or available on an unrestricted basis to the public or becomes so known or available on an unrestricted basis through no fault of the receiving Party, (ii) is in the receiving Party's possession without restriction as to its use or disclosure prior to its receipt from the disclosing Party, (iii) is acquired by the receiving Party on an unrestricted basis from any third party, provided; that,the disclosing Party does not know or have reason to know, or is not informed subsequent to disclosure by such third party and prior to disclosure by the disclosing Party, that such information was acquired under an obligation of confidentiality, (iv) information that was developed by or for the receiving Party independently of and without reference to the information of the disclosing Party, or (v) is required to be disclosed by any governmental authority, including the Securities and Exchange Commission, or court or administrative agency with appropriate jurisdiction in the circumstances, provided, that at the expense of the Party that desires to maintain nondisclosure, the Party immediately affected by such a requirement will use reasonable commercial efforts to challenge such requirement or to secure a protective order limiting further or greater disclosure in the circumstances. (c) The Parties agree that in the event a Party breaches its obligations under this Section 15, the non -breaching Party shall be entitled to such relief as may be available at law or equity. 16. Events of Default; Remedies (a) The occurrence of any of the following events shall constitute an "Event of Default": (i) a Party's failure to make any payment required by this Agreement within ten (10) business days after receipt of written notice from the other Party that a payment which is due has not been received, (ii) a Party's failure to observe and perform any other material obligation under this Agreement and continuance of such failure for a period of thirty (30) days after receipt of written notice specifying the nature of such default and demanding that it be remedied unless the nature of the default is such that it cannot reasonably be cured within 30 days in which case the defaulting Party shall have such additional time as is reasonably necessary to cure such default, not to exceed 60 days, so long as it is diligently pursuing such cure, Page 18 of 30 SE PPA 11/11/15