PRE-QUALIFICATION REVIEWS

Any representative of a Facility Owner Member using the MASC Contractor Common Pre-Qualification Form System must first agree to the following confidentiality conditions, as agreed upon between MASC and the Owner Member.

Whereas MASC may collect confidential information from certain third-party contractor firms and provide access to such information to the Facility Owner Member (either directly or by allowing Facility Owner Member access to such information by posting it on MASC’s website or including it in any database maintained by MASC) for its use in qualifying said contractor firm for consideration as a provider of service to the Facility Owner Member:

Now, therefore, Facility Owner Member agrees to treat all such information received from or made available by MASC as confidential, not to use the same or any part thereof except as may be required to qualify the third-party contractor firm for consideration as a service provider to the Facility Owner Member, and not to directly or indirectly disclose (or cause others to disclose) the same or any part thereof to any other party without the prior written consent of both the third-party contractor firm and MASC.

Nothing contained herein shall in any way restrict or impair the right of Facility Owner Member to use, disclose or otherwise deal with any information received from MASC which: (i) at the time of disclosure is generally available to the public or thereafter becomes generally available to the public by publication or otherwise through no act of Facility Owner Member; or (ii) Facility Owner Member can show was in its possession prior to the time of the disclosure hereunder and was not acquired directly or indirectly from MASC; or (iii) is independently made available to Facility Owner Member as a matter of right by a third party.

Facility Owner Member shall defend, indemnify, and hold MASC and any affected third-party contractor firm harmless from and against any and all liability, costs (including reimbursement of all attorney fees and other costs of defense), loss (monetary and otherwise), damage, expense, claims, suits, fines, and penalties on account of Facility Owner Member’s failure to comply with the terms and provisions of this Agreement, whether intentionally or by negligent act or omission.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective authorized representatives on the date and year first stated above.