THREATENED THAT CHALLENGES OR WOULD CHALLENGE THE
EXECUTION OF THIS LEASE AGREEMENT OR THAT COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT ON THE AUTHORITY'S ABILITY TO PERFORM HEREUNDER.
(I)
THE AUTHORITY SHALL USE ITS BEST EFFORTS
TO PROTECT ALL OF TENANT'S FINANCIAL INFORMATION (INCLUDING BUT NOT LIMITED TO
INFORMATION REGARDING TENANT'S COSTS, PRICES, PRICING METHODS, REVENUES, SALES
AND OPERATING PROFIT) PROVIDED TO THE AUTHORITY AS "CONFIDENTIAL FINANCIAL
INFORMATION OBTAINED UPON REQUEST FROM A PERSON" PURSUANT TO THE PROVISIONS OF
IC 5-14-3-4 OR TO PROTECT IT FROM PUBLIC DISCLOSURE UNDER ANY OTHER ALLOWABLE
EXCEPTION. THE AUTHORITY SHALL PROMPTLY NOTIFY THE TENANT IN WRITING OF ANY
INADVERTENT DISCLOSURE OF TENANT'S FINANCIAL INFORMATION, IF AND WHEN THE
AUTHORITY BECOMES AWARE OF ANY SUCH DISCLOSURE.
18
(J)
THE AUTHORITY SHALL EXECUTE SUCH
COLLATERAL ACCESS AGREEMENTS IN FAVOR OF TENANT'S SECURED LENDERS AS TENANT'S
SECURED LENDERS MAY REASONABLY REQUEST, PROVIDED THAT THE TERMS OF THOSE
COLLATERAL ACCESS AGREEMENTS ARE REASONABLY ACCEPTABLE TO THE AUTHORITY.
(K)
THE AUTHORITY ACKNOWLEDGES THAT ITS PRESENCE
ON THE LEASED PREMISES WILL PLACE IT IN A POSITION THAT IT MAY HAVE ACCESS TO
CONFIDENTIAL AND/OR PROPRIETARY INFORMATION CONCERNING THE BUSINESS OF THE
TENANT AND/OR ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO TRADE SECRETS, SECRET
PROCESSES, KNOW-HOW, PRODUCTS, MAINTENANCE PROCEDURES, RECENT AND PROPOSED
DEVELOPMENTS, SOURCES OF SUPPLY AND CUSTOMER NAMES AND RELATIONSHIPS
("PROPRIETARY INFORMATION") AND THAT SUCH PROPRIETARY INFORMATION IS AMONG THE
MOST VALUABLE OF THE TENANT'S AND/OR ITS AFFILIATES ASSETS AND THE VALUE OF SUCH
INFORMATION MAY BE DESTROYED BY UNAUTHORIZED DISCLOSURE.
INFORMATION IMPARTED
TO OR LEARNED BY THE AUTHORITY WITH RESPECT TO THE TENANT AND/OR ITS AFFILIATES
(WHETHER ACQUIRED BEFORE OR AFTER THE DATE HEREOF) WILL BE DEEMED TO BE
CONFIDENTIAL PROPRIETARY INFORMATION. THE AUTHORITY HEREBY COVENANTS THAT THE
AUTHORITY WILL USE COMMERCIALLY REASONABLE EFFORTS NOT TO DISCLOSE THE
PROPRIETARY INFORMATION AND WILL USE COMMERCIALLY REASONABLE EFFORTS TO TREAT
ALL PROPRIETARY INFORMATION WITH THE SAME DEGREE OF CARE THAT THE AUTHORITY
ACCORDS TO ITS OWN CONFIDENTIAL OR PROPRIETARY INFORMATION (AND THE AUTHORITY
HEREBY REPRESENTS TO TENANT THAT THE AUTHORITY EXERCISES REASONABLE CARE TO
PROTECT ITS OWN CONFIDENTIAL OR PROPRIETARY INFORMATION), UNLESS (1) SUCH
PROPRIETARY INFORMATION IS OR HAS BEEN MADE GENERALLY AVAILABLE TO THE PUBLIC,
(2) EXPRESS PRIOR WRITTEN AUTHORIZATION TO USE OR DISCLOSE SUCH PROPRIETARY
INFORMATION HAS BEEN RECEIVED FROM TENANT, OR (3) THE AUTHORITY IS OBLIGATED TO
DISCLOSE SUCH PROPRIETARY INFORMATION PURSUANT TO THE INDIANA ACCESS TO PUBLIC
RECORDS LAW (IC 5-14-3-1 ET SEQ.) AS THE SAME MAY AMENDED OR SUPPLEMENTED FROM
TIME TO TIME (THE "ACCESS TO PUBLIC RECORDS LAW").
BY WAY OF EXAMPLE ONLY,
TENANT HEREBY ACKNOWLEDGES THAT THE AUTHORITY MAY BE OBLIGATED, UNDER THE ACCESS
TO PUBLIC RECORDS LAW, TO DISCLOSE THE FOLLOWING, AMONG OTHER THINGS: THIS
LEASE, OFFICIAL ACTION BY THE AUTHORITY OR ITS MANAGER PURSUANT TO THE TERMS OF
THIS LEASE, AND THE AMOUNT OF THE RENTAL PAYMENTS AND INVOICES PERTAINING
THERETO.
(1)
AS PART OF ITS COMMERCIALLY REASONABLE
EFFORTS DESCRIBED IN THE PRECEDING SENTENCES, THE AUTHORITY SHALL, WITH