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PLURALSIGHT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. 10. Confidentiality 10.1. Non-Disclosure. Each Party undertakes that it will not at any time during this Agreement,and for a period of three (3) years after termination of this Agreement, disclose to any person any Confidential Information (as defined above)of the other Party, except as permitted by this Section 10. 10.2. Permitted Disclosure. Each Party may disclose the other Party's Confidential Information: to its employees, officers, representatives, or advisers for the purposes of carrying out the Party's obligations under this Agreement on a need-to-know basis or as otherwise permitted under this Section 10. Each Party will ensure that each of its employees, officers, representatives, or advisers to whom it discloses the other Party's Confidential Information complies with this Section; and as may be required by law,a court of competent jurisdiction, any governmental or regulatory authority or stock exchange, provided that the disclosing Party notifies the other Party in advance of the disclosure if permitted. 10.3. Use of Confidential Information. Each Party agrees to use the other Party's Confidential Information only for purpose of performing its obligations under this Agreement or as otherwise permitted under this Section 10. 10.4. Washington Public Records Act. Pluralsight acknowledges that the Customer is subject to the Washington Public Records Act, chapter 42.56 RCW (the "PRA"). If the Customer receives a records request under the PRA that requests any Confidential Information, then the Customer shall give reasonable written notice to Pluralsight. The Customer has no obligation to provide such notice for anything that is not Confidential Information. If Vendor desires that the Confidential Information not be disclosed, Pluralsight shall commence an action in Snohomish County Superior Court before the disclosure date. Notwithstanding anything to the contrary in the the Agreement, the Customer has no liability whatsoever to Pluralsight for the disclosure of any record when that disclosure is consistent with the PRA or with an order applying the PRA entered by the Snohomish County Superior Court or a Washington appellate court. 11. Professional Services Customer and Pluralsight may enter into a Sales Order that describe specific professional Services to be performed by Pluralsight. Pluralsight will provide any professional Services in accordance with the Pluralsight Professional Services Addendum attached hereto, which addendum may be updated by Pluralsight from time to time. If applicable,while on Customer premises for Professional Services, Pluralsight will comply with reasonable Customer rules and regulations made known to Pluralsight in writing prior to Pluralsight's personnel going on Customer's premises regarding safety,security,and conduct,and will at Customer's reasonable request promptly remove from the project any Pluralsight personnel not following such rules and regulations. 12. General Provisions 12.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them,whether written or oral, relating to the subject matter herein. 12.2. Governing Law; Disputes.This Agreement is governed by and will be construed in accordance with the laws of the State of Washington.Should any dispute arise with regard to this Agreement,the Parties agree to first work in good faith to resolve such dispute,and neither Party may commence any action with regard to such dispute until thirty (30)days have passed from the time such Party has provided written notice to the other Party of the nature of such dispute. 12.3. Customer Marks. Customer agrees that Pluralsight may identify it as a customer of Pluralsight on Pluralsight's websites and in other marketing materials. Pluralsight may display Customer's trademarks,service marks, and/or logos in Pluralsight marketing materials or on our Platform in order to identify Customer as a customer. The Pluralsight Gov MSA V.1 Page 6 of 8 (last modified 11 February 2020)