1. Except for attorney-client communications and attorney-work product: all rights, title, and interests in all procedures, methods, equipment, displays, exhibits, techniques, strategies, mock-ups, devices, databases, forms, and other Services or Products (collectively, "Products") created or modified by Consultant in the performance of its work under this Agreement, shall belong to and be owned by Consultant. Consultant hereby grants to Client the license to use Products for the duration of this Scope of Work unless previously revoked by Consultant for good cause. Client shall enjoy full ownership rights in all written reports and photo-documentation prepared by Consultant.

2. Both during and after the term of this Agreement, both Parties agree that all information and know-how, whether or not in writing, of a private, secret, or confidential nature, or obtained publicly, which concerns the other Party’s business affairs including, but not limited to, its inventions, products, trade secrets, processes, projects, developments, business practices, marketing concepts, and business procedures, are and shall be the sole and exclusive property of that other Party; and neither Party will disclose the same to unauthorized persons or use the same for any unauthorized purposes without the prior written consent of an authorized officer of that Party.

3. Except as provided in 1 above, Consultant agrees that all files, letters, memos, reports, sketches, drawings, laboratory notebooks or other written material containing matter of the type set forth in section 1 above which shall come into the custody or possession of Consultant shall remain the exclusive property of Client to be used by Consultant only in the performance of Consultant's duties herein. Consultant shall forfeit and return any and all such documents to Client upon termination of this Agreement, except any copies of Consultant's work product which will be kept for a period of fifteen (15) years from date of this Agreement. Consultant shall be entitled to utilize various photographs taken of the “Site” for educational, marketing and training purposes, provided that no such photographs shall be used which in any way identify the specific Project, location or builder.

4. Notwithstanding sections 2 and 3 above, Client expressly authorizes Consultant to disclose and share directly with Client’s general liability and/or errors and omissions insurance carriers (Arch Insurance), any and all information and data, in any form or manner whatsoever, collected, observed, obtained, or tabulated by Consultant, or its duly authorized representatives, within Consultant’s Scope of Work as detailed herein. Such information and data may specifically identify and include: Client’s name, Client’s project, the project contractors and subcontractors, and project material suppliers and vendors and compliance status. Client further expressly authorizes Consultant to disclose and share directly with other Third Parties any and all information and data, in any form or manner whatsoever, collected, observed, obtained, or tabulated by Consultant, or its duly authorized representatives, within Consultant’s Scope of Work as detailed herein, with the express limitation that the information and data shall be generic and shall not specifically identify: Client’s name, Client’s project, the project contractors and subcontractors, and project material suppliers and vendors.

5. The confidentiality obligations and remedies of the Parties under this Agreement shall survive the termination of this Agreement.