premise: 2. SUPPLIER agrees to hold all Confidential Information in strict confidence and will not disclose or use the Confidential Information for its benefit or the benefit of any other company or entity anywhere in the world or any other purpose other than for the Purpose set forth in the recitals herein. 3. Confidential Information does not include the following: a) information which was already in the public domain at the time of disclosure; or b) information which, though originally confidential, subsequently becomes part of the public domain through no fault of SUPPLIER; or c) information which was properly in SUPPLIER’s possession prior to receipt thereof from GK, as reasonably evidenced by written records or other writings, or by actual use by SUPPLIER prior to the disclosure by GK. In each case, the  (i) burden of proof shall lie with SUPPLIER to demonstrate that one of the above-listed exceptions applies and Sign:_____________  (ii) SUPPLIER shall notify GKT in writing of SUPPLIER’s intent to make any disclosure based on one of the above-listed exceptions at least 30 days in advance (including a description of the information to be disclosed and the basis for the claimed exception). 4. SUPPLIER shall maintain all Confidential Information received from GK in the same manner that the SUPPLIER maintains its own Confidential Information, provided that the standard of care required shall be at least a reasonable standard.  Information disclosed in other that written form shall be considered Confidential Information only to the extent GK summarizes the same in a written form that is transmitted to SUPPLIER within thirty (30) calendar days of the non-written disclosures. 5. Any disclosure of Confidential Information shall be limited SUPPLIER’s employees and who have a need to use or study such Confidential Information for the Purpose.  SUPPLIER shall advise its employees and agents of its obligations pursuant to this Agreement, but SUPPLIER shall remain responsible to ensure their compliance. 6. All Confidential Information is and shall remain the property of GK.  At any time that GKT may request, SUPPLIER shall return the Confidential Information to GK and shall certify in writing that all copies thereof in its possession have been destroyed. 7. Confidential Information may only be used by SUPPLIER in connection with the pursuance of the Purpose set forth in the recitals herein.