(i) the terms and conditions of this Agreement (but not the existence thereof) shall constitute the Confidential Information of both Parties (provided, however, that either Party may disclose the terms and conditions of this Agreement on a confidential basis to any existing or prospective investors, acquirers or financing sources and their respective advisors). , and (ii) Performance Data (but not any other Narrativ Data) shall constitute the Confidential Information of Merchant (provided, however, that notwithstanding anything to the contrary, Narrativ may use, disclose and retain Performance Data as provided in Section 5(b)).</li> <li>