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information, unless clearly marked as confidential and exempt from disclosure under the Illinois <br /> Freedom of Information Act, shall be considered public. Any request for documents related to this <br /> Agreement shall be provided to the other Party in sufficient time for an objection to disclosure of <br /> the requested documents to be made. No confidential data collected, maintained, or used in the <br /> course of performance of the Agreement shall be disseminated except as authorized by law, either <br /> during the period of the contract or thereafter. The Parties must return any and all confidential <br /> data collected, maintained, created or used in the course of the performance of the Agreement, in <br /> whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of <br /> either Party, or notify the Party of its destruction. The foregoing obligations shall not apply to <br /> confidential data or information lawfully in the receiving Party's possession prior to its acquisition <br /> from the disclosing Party, received in good faith from a third-party not subject to any <br /> confidentiality obligation to the disclosing Party, now is or later becomes publicly know through <br /> no breach of confidentiality obligation by the receiving Party, or is independently developed by <br /> the receiving Party without the use or benefit of the disclosing Party's confidential information. <br /> ARTICLE 12—CUSTOMER'S REPRESENTATIONS AND WARRANTIES <br /> 12.1 Customer both represents and warrants each of the following: <br /> • It has all necessary power and authority to enter this Agreement and to perform all of its <br /> obligations hereunder and to manage and control and ensure each individual or entity that <br /> Customer authorizes, permits or allows to access the ICN or related services and equipment or <br /> facilities also complies with the terms of this Agreement in exercising such individual's access. <br /> • This Agreement has been duly and validly authorized, executed and delivered by Customer and <br /> constitutes its valid and binding obligation. <br /> • In performing its obligations hereunder, Customer will comply with all laws, rules and regulations <br /> of all governmental bodies having jurisdiction. Customer acknowledges that it is solely <br /> responsible for being aware of, and in compliance with, these applicable laws, rules and <br /> regulations, and that DoIT and the State of Illinois shall not be liable or responsible for <br /> Customer's failure to comply. <br /> • Customer holds all required regulatory authorizations and permits to perform this Agreement <br /> according to its terms. <br /> • Customer, at its sole discretion, shall have the right to re-sell all or portions of its monthly <br /> bandwith allocation to secondary users. <br /> • Customer's obligations under this Agreement do not conflict with any other agreement. <br /> ARTICLE 13—DoIT REPRESENTATIONS AND WARRANTIES <br /> 13.1 DoIT represents and warrants the following: <br /> DoIT has all necessary power and authority to enter this Agreement and to perform all of its <br /> obligations hereunder. <br /> This Agreement has been duly and validly authorized, executed and delivered by DoIT and <br /> constitutes its valid and binding obligation. <br /> In performing its obligations hereunder, DoIT will comply with all laws, rules and regulations of all <br /> governmental bodies having jurisdiction. <br /> 6 <br />