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the Services or Project, or matters pertaining thereto, with the public press,
<br /> representatives of the public media, public bodies or representatives of public
<br /> bodies, without City's prior written consent. Magical Bridge shall have the right,
<br /> however, without City's further consent, to include representations of Services
<br /> among Magical Bridge's promotional and professional material, provided that any
<br /> images, depictions or representations of the Red Morton Playground are clearly
<br /> identified as the Magical Bridge Playground at Redwood City, and to communicate
<br /> with persons or public bodies where necessary to perform under this Agreement.
<br /> D. Limitations. Nothing herein shall restrict City from using for any lawful purpose
<br /> any element or group of elements within the Magical Bridge Designs that is not
<br /> subject to protection under the confidentiality provisions of this Agreement or
<br /> applicable intellectual property laws, including patent, trademark, copyright or
<br /> trade secret law.
<br /> E. Ownership. As between the Parties, without limiting the licenses granted herein,
<br /> the Magical Bridge Designs, any and all derivative works thereof, and the design,
<br /> layout, and features of the Magical Bridge Playgrounds, including all intellectual
<br /> property rights therein, are and shall remain the sole property of Magical Bridge.
<br /> Each party will retain all right, title, and interest in and to all marketing materials
<br /> that it provides to the other party under this Agreement. All rights not expressly
<br /> granted in this Agreement are reserved by the parties. As referenced in this section,
<br /> "derivative works" shall not include any playgrounds built using Magical Bridge
<br /> Designs, architectural models, or images of Magical Bridge Playgrounds in
<br /> Redwood City.
<br /> 13 . Confidentiality
<br /> A. Confidential Information. "Confidential Information" means any proprietary
<br /> information, data, trade secrets, or know-how, including any information disclosed
<br /> prior to the Effective Date, either directly or indirectly in writing, orally or by
<br /> inspection of tangible objects (including, without limitation, designs, research,
<br /> product plans, products, services, equipment, customers, inventions, discoveries,
<br /> ideas, processes, drawings, hardware, specifications, product configuration
<br /> information, marketing and finance documents, prototypes, samples, and data sets,
<br /> equipment), whether or not designated as "confidential" disclosed by one party
<br /> ("Discloser") to the other ("Recipient") under this Agreement. Without limiting
<br /> the foregoing, Confidential Information of Magical Bridge shall include (a)
<br /> Magical Bridge Designs, and (b) all donor names, preferred physical and/or
<br /> electronic contact information, and amounts of donations ("Donor Information").
<br /> Confidential Information does not include information which Recipient can
<br /> demonstrate (i) is known to Recipient without a confidentiality obligation at the
<br /> time of disclosure to Recipient by Discloser, (ii) has become publicly known and
<br /> made generally available through no wrongful act of Recipient, or (iii) has been
<br /> rightfully received by Recipient from a third party who is authorized to make such
<br /> disclosure.
<br /> ATTY/AGR/2016.252/MAGICAL BRIDGE PLAYGROUND
<br /> REV: 09-08-16 MK
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