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CONFIDENTIALITY AGREEMENT: By clicking on the log-in button above to access the SBA Lender Information Portal (“Portal”), Lender agrees to use the Confidential Information (defined below) contained in the Portal only for confidential use within its own immediate corporate organization, and to hold and maintain the Confidential Information in confidence in accordance with the terms of this Agreement. Lender agrees to restrict access to the Confidential Information to those of its officers and employees who have a legitimate need to know such information for the purpose of assisting the Lender in improving the Lender’s 7(a) or 504 program operations in conjunction with SBA’s Lender Oversight Program and SBA’s portfolio management (each referred to as a “permitted party”), and to those for whom SBA has approved access by prior written consent and for whom access is required by applicable law or legal process. If such law or process requires Lender to disclose the Confidential Information to any person other than a permitted party, Lender agrees to promptly notify SBA and SBA’s Information Provider (defined below) in writing so that SBA and the Information Provider have, within their sole discretion, the opportunity to seek appropriate relief such as an injunction or protective order prior to Lender’s disclosure. In addition, Lender agrees to ensure that each permitted party is aware of the requirements of this Agreement and to ensure that each such permitted party agrees to the terms and conditions. Lender agrees not to disclose, and agrees to protect from disclosure, Lender’s password to enter the Portal. Further, any disclosure of Confidential Information other than as permitted by this Agreement may result in appropriate action as authorized by law. Lender also agrees to indemnify and hold harmless each of SBA and any provider of the Confidential Information from and against any and all claims, demands, suits, actions, and liabilities to any degree based upon or resulting from the unauthorized use or disclosure of the Confidential Information.

“Confidential Information includes all the SBA Lender-related information/data contained in the Lender Portal except the dollar amounts associated with SBA purchase of and charge off of SBA Lender’s loans and information already publicly available related to the Lender’s capital, non-performing assets, and regulatory actions (e.g., from a bank’s public Call Report). Confidential Information also includes any information related to SBA’s supervision of the SBA Lender (e.g., informal enforcement actions as defined in SOP 50 53 or by regulation, notices of proposed enforcement action) unless made public by SBA (e.g., in a Cease and Desist Order).”

No information contained in the Portal shall be relied upon for any purpose other than SBA’s lender oversight and SBA’s portfolio management purposes. In addition, Lender acknowledges and agrees that this Confidentiality Agreement is for the benefit not only of the SBA but also of any party providing the Confidential Information. Any such party shall have the right and standing to pursue all legal and equitable remedies against the Lender in the event of unauthorized use or disclosure.

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