property insurance policies.

• C.Consequential Damages. In no event shall either Party be liable to the other for consequential, indirect, or incidental damages (including punitive damages and lost profits), even if such Party has been advised of the possibility of such damages in advance.
• D.Other Claims for Personal Injury or Property Damage. With respect to claims for personal injury not covered by Subsection A, and claims for damage to property not covered by Subsection B, Sodexo and Client shall, to the extent permitted by Kentucky law, defend, indemnify, and hold each other harmless from and against all claims, liabilities, losses, and expenses, including reasonable costs, collection expenses, attorneys' fees, and court costs that may arise because of the sole negligence or willful misconduct of the indemnifying Party, its agents, or employees in the performance of its obligations under this Agreement.

E. This Section 9.4 shall survive termination of this Agreement.

9.5 Purchasing/Non-Sodexo Approved Vendors. Client acknowledges that Sodexo shall utilize its own supplier network for the provision of goods, supplies, and services in the performance of its obligations hereunder. Client understands that Sodexo has entered into agreements with many vendors and suppliers of products and services which (i) give Sodexo the right to inspect such vendors' and suppliers' plants and/or storage facilities and (ii) require such vendors and suppliers to adhere to standards to ensure the quality of the products and/or services purchased by Sodexo for or on behalf of Client. Client shall not require Sodexo to use products and/or services from non-Sodexo approved vendors.

9.6 Sodexo Trade Secrets and Proprietary Rights.

• A.During the term of this Agreement, Sodexo may grant to Client a non-exclusive right to access certain proprietary materials of Sodexo, including Services survey forms, software (both owned by and licensed to Sodexo), and similar items regularly used in Sodexo's business operations ("Proprietary Materials"). In addition, Client may have access to certain non-public information of Sodexo, including, but not limited to, management guidelines and procedures, operating manuals, personnel information, purchasing and distribution practices, pricing and bidding information, financial information, surveys and studies, and similar compilations regularly used in Sodexo's business operations ("Trade Secrets"). Trade Secrets shall not include (i) any information which at the time of disclosure or discovery or thereafter is generally available to and known by the public or the relevant industry (other than as a result of a disclosure directly or indirectly by Client), or (ii) any information which was available to Client on a non-confidential basis from a source other than Sodexo, provided that such source was not bound by an agreement prohibiting the transmission of such information, or (iii) any information independently developed or previously known without reference to any information provided by Sodexo.
• B.To the extent allowable under Kentucky law, Client shall not disseminate any Proprietary Materials or disclose any of Sodexo's Trade Secrets, directly or indirectly, during or after the term of this Agreement. Client shall not photocopy or otherwise duplicate any such material without the prior written consent of Sodexo. All Trade Secrets and Proprietary Materials, including signage, service marks and trademarks, shall remain the exclusive property of Sodexo and shall be returned to Sodexo immediately upon termination or expiration of this Agreement.