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IV. PROPRIETARY RIGHTS AND DISCLOSURE
<br />The written report required unior Section 11. (0.) shall trn'ne the salt property of CLIENT after payrent to DRL of the TOTAL
<br />AMOLWT required In Section Ili. The survey questionnaires +red replies +red all '•flated includinWit
<br />but nbotrills Arid lisated advertisingtonforps"O" shall
<br />And
<br />retain the property of DRL. Dpl Agrees not to divulge or use To
<br />anypm'pose' 9 ,'ovlded haever, if the
<br />public relations, the inforwatien obtained In the survey without the written consent of CLIENTI P r '
<br />followiPublic the
<br />data ng inforr+tiomthe
<br />the popularvey tiondirectly
<br />from which the saxpleaide
<br />was taken, there dIENT oofaobttiiningelsethe interviews, L way eincluding the
<br />size and design d the sAnole, and the basis of the data If the wrote is less than the total smPle, the dates an! ttexs
<br />when the interviews very conducted, the exact wording of questions asked and brie client's nape. CLIENT agrees ui AotIf here
<br />Or
<br />anyone else acting on its behalf wishes to release in whole or In part to lye public by Dross release, speech, ,
<br />the data or results of the survey or contents of the Kitten report, that CLIENT or such other person will first notify FL
<br />1n writing, And that there will be also stated In the release, speech, or otherwise, that the survey was done by DECTSIOV
<br />RESIX)RCES, LIMITED, OF MIN.EAPOLIS, MINNESOTA. CLIENT agrees, at all tiwea both during the let's of tails Agreere^t and
<br />thereafter, to keeo In confidence all knowledge or inforsation as to the processes, eethxds and techniques of DRL and not to
<br />disclose or site known rush knowledge Or infursation to any other person, f6•r, corporation or a'ganizabien, Includirg but
<br />not lleited to taspetltors of DAL, except when specifically authorized to to so in writing by DRL. CLIENT fwther ureer-
<br />stands and agrees that the Panes and addresses of interviewers used by DRL +rd the napes and/or addresses of persons sarpled
<br />are opnfidential aid will not be side available to CLIENT
<br />V. EXCLUSION OF UIPWANTIES
<br />O.RL agrees to utilize as best efforts to insure the accuracy of any survey by it pursuant to this Pgreerant. However, it is
<br />specifically understood and agreed that nothing in this Agreerent, or any survey or written report furnished under Section
<br />IT. 10.1, shall or considered as either, a prediction or guarantee of the results of any election or the outcore of any event,
<br />and any representations or warranties, express or irplied, to that effect are hereby excluded. In addition, DAL shall not be
<br />responsible or liable for any failure by it to conduct any survey or render any written report if such failure results from
<br />labor disturbances, tires, floods, wars, riots, civil disturbances and other events beyond the control of DRL.
<br />VI. ARBITRATION
<br />•1
<br />The parties agree that any dispute arising under this Pareeeent shall be resolved under the rules and prccederes of the
<br />Aaerican Arbitration Assoctawion is applicable under Minnesota law And that any such proceedings stall be conducted in
<br />Minnesota.
<br />VII. LIOUIDATED DA W6ES
<br />In the event CLIENT fails to take timely payrent under Section III (B.), DRL shall be entitled to liquidated damages equal to
<br />fifteen percent (15%) of the TOTAL AMO:MT due. The parties expressly agree that this provision is in recognition of the fact
<br />that DRL's daaages are incapable of precise neasumixent duv to costs ss-.nrated with lost opportunities, generating samples,
<br />questionnaire design, Phone facility scheduling, and staff tire.
<br />VIII, MOOIFICATIOtS
<br />�..n . w...,r...r-,hip unless in rrritinc and signed by the party to be charged. Neither
<br />Modificatic.n of rnia ny. K.,:at =. _- -- - ..e
<br />parties' waiver of any rights due hie under this Agrement shall have the effect of waiving other or subseque n sty,..
<br />hereunder.
<br />U. MISCELLANM
<br />IA.) This Agreecent aerges and supersedes all other Aaeesents, verbal aid written, between the parties and rearesents all
<br />agreesents between thew and binds their administrators, heirs, successors and assigrs.
<br />IS.) Any provision of this AgreeeRnt which nay be held unenforceable shall be severable and the balance of the Pgree,ent
<br />enforced.
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