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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com REV: 08-05-26 VR 13/36 payable to Terryberry, without further notice to Customer; (ii) each Party shall destroy all copies of the Confidential Information of the other Party on tangible media in such Party’s possession or control or return such copies to the other Party; and (iii) upon request, each Party shall certify in writing to the other Party that it has returned or destroyed such Confidential Information. 5.5.2. Continuing Rights and Obligations. Expiration or termination of the Term will not affect any rights or obligations of the Parties that: a. come into effect upon or after termination or expiration of this Manufacturing Agreement; or b. otherwise survive the expiration or earlier termination of this Manufacturing Agreement and were incurred by the Parties prior to such expiration or earlier termination. 5.5.3. Effect of Notice. Any notice of termination under this Manufacturing Agreement automatically operates as a cancellation of any deliveries of Goods to Customer that are scheduled to be made subsequent to the effective date of termination, whether or not any orders for such Goods had been accepted by Terryberry. With respect to any Goods that are still in transit upon termination of this Manufacturing Agreement, Terryberry may require, in its sole discretion, that all sales and deliveries of such Goods be made on either a cash-only or certified-check basis. 5.5.4. No Waiver. Subject to Section 5.5, the Party terminating this Manufacturing Agreement, or in the case of the expiration of this Manufacturing Agreement, each Party, shall not be liable to the other Party for any damage of any kind (whether direct or indirect) incurred by the other Party by reason of the expiration or earlier termination of this Manufacturing Agreement. Termination of this Manufacturing Agreement will not constitute a waiver of either Party's rights, remedies or defenses under this Manufacturing Agreement, at law, in equity or otherwise. 6. CERTAIN OBLIGATIONS OF CUSTOMER 6.1. Certain Prohibited Acts. Notwithstanding anything to the contrary in this Manufacturing Agreement, neither Customer nor any Customer Personnel shall: 6.1.1. make any representations, warranties, guarantees, indemnities, similar claims, or other commitments: a. actually, apparently or ostensibly on behalf of Terryberry, or b. to any customer or other Person with respect to the Goods, which are additional to or inconsistent with any then-existing representations, warranties, guarantees, indemnities, similar claims, or other commitments in this Manufacturing Agreement or any written documentation provided by Terryberry to Customer. 6.1.2. engage in any unfair, competitive, misleading, or deceptive practices respecting Terryberry, Terryberry's trademarks or the Goods, including any product disparagement. 6.2. Government Contracts. Customer shall not resell Goods to any Governmental Authority or its respective agencies without Terryberry's prior written approval. Unless otherwise separately agreed in writing between Terryberry and Customer, no provisions required in any United States government contract or subcontract related thereto shall be a part of this Manufacturing Agreement or imposed upon or binding upon Terryberry, and this Manufacturing Agreement shall not be deemed an acceptance of any government provisions that may be included or referenced in Customer's request for quotation, Purchase Order or any other document. 7. CONFIDENTIALITY 7.1. Disclosure of Confidential Information. The Parties acknowledge that each Party (the “Disclosing Party”) may disclose Confidential Information to the other Party (“Receiving Party”). 7.2. Exclusions. Notwithstanding anything to the contrary in this Section 7, Confidential Information shall not include information which: (i) was already known to Receiving Party at the time of disclosure by Disclosing Party, and Receiving Party was under no obligation of confidentiality with respect to such information; (ii) is becomes known (independently of disclosure by the Disclosing Party) to Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (iii) is, or through no fault of Receiving Party has become, generally available to the public; or (iv) is independently developed by the ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 13 of 36)