premise: The Confidential Information shall at all times be the applicable Disclosing Party’s sole and exclusive property, notwithstanding disclosure thereof to the Receiving Party pursuant to the terms of this Agreement.  Nothing contained in this Agreement shall be construed to  (a) grant or confer upon the Receiving Party any right, by license or otherwise, to make, or permit others to make, any use whatsoever of the Confidential Information of the Disclosing Party other than as expressly contemplated by this Agreement or by any other written agreement executed after the date hereof, or  (b) constitute a commitment by the Receiving Party to enter into any contractual arrangement beyond that expressly set forth herein. Section 5. Return of Confidential Information; Ownership.  If either Party to this Agreement decides that it does not wish to proceed with a Possible Transaction with the other Party, such Party shall promptly inform the other Party of that decision.  In that case, or at any time upon the request of the Disclosing Party for any reason, the Receiving Party shall promptly deliver to the Disclosing Party all Confidential Information (and all copies thereof) furnished to the Receiving Party or its Representatives by or on behalf of the Disclosing Party and shall continue to maintain the confidentiality of all other Confidential Information prepared by the Receiving Party or its Representatives under the terms of this Agreement.  Upon request by the Disclosing Party, the Receiving Party shall confirm in writing that it has returned or destroyed all Confidential Information (or continues to maintain the confidentiality of that Confidential Information prepared by the Receiving Party or its Representatives) and all copies thereof, in its possession.  Notwithstanding the foregoing, the Receiving Party and its Representatives may retain copies of Confidential Information stored in standard archival or computer back-up systems or retained pursuant to such Person’s normal document retention practices, for litigation and regulatory purposes or to the extent required by applicable law, provided that all such information retained by the Receiving Party or its Representatives shall continue to be held subject to the terms and conditions of this Agreement.  All Confidential Information shall remain at all times the sole and exclusive property of the Disclosing Party and the Receiving Party shall acquire no rights in or to such Confidential Information by reason of its disclosure hereunder.