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Upon the Company’s first written request, the Recipient shall (and shall procure its Representatives do the same) promptly and in any event within 10 days of such request return to the Company or destroy all Confidential information of any type whatsoever that has been or shall be given to the Recipient by or on behalf of the Company and/or the Target, as well as all copies thereof;

and immediately cease all further use of the Confidential Information;

provided, that the Recipient shall be permitted to retain all or any portion of the Confidential Information, in accordance with the confidentiality obligations specified in this Agreement, to the extent required by applicable law or regulatory authority or the Recipient’s internal compliance requirements or which have been created pursuant to the Recipient’s automatic electronic archiving and back-up procedures.

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Harvey Yan


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