<|begin_of_text|><|start_header_id|>system<|end_header_id|>Autocomplete the given text which is the part of a Non disclosure agreement.<|eot_id|>
        <|start_header_id|>user<|end_header_id|>oyees in the performance of the Agreement. Each copy, including its storage media, shall be marked Confidential, and also include all copyright, trademark and other proprietary notices which appear on the original. The Recipient agrees that all Confidential Information, including any copies thereof, shall be returned to NASDAQ OMX or destroyed within ten (10) days of the expiration or other termination of the Project. 5. Notes and other documents referencing or relating to Confidential Information may be made and kept by the Recipient, but shall continue to be governed by this Confidentiality Agreement until they are destroyed. 6. All intellectual property rights associated with the Confidential Information, including without limitation, patent, trademark, copyright, trade secret rights, and moral rights shall remain in NASDAQ OMX. 7. The obligation of non-disclosure shall not extend to: (1) information which is then already in the possession of the Recipient and not under a duty of non-disclosure; (2) information which is generally known or revealed to the public other than by breach of this Agreement; (3) information which is revealed to the Recipient by a third party--unless such party is under a duty of non-disclosure; or (4) information which the Recipient develops independently of the disclosure as indicated by files existing at the time of initial disclosure. 8. In the event Recipient receives a subpoena or other validly issued administrative or judicial process requesting Confidential Information, Recipient shall provide prompt actual notice to the General Counsel of NASDAQ OMX of such receipt, providing the Corporations with a reasonable opportunity to intervene in the proceeding before the time that Recipient is required to comply with such subpoena or other process. In the event that NASDAQ OMX instructs Recipient not to comply with any portion or all of the process, Recipient shall comply with such instructions and NASDAQ OMX shall indemnify and hold harmless the Recipient from any damages to the extent that Recipient's damages result from its compliance with NASDAQ OMX's instructions. 9. Recipient acknowledges that NASDAQ OMX, because of the nature of the Confidential Information, would suffer irreparable harm in the event of a material breach of the provisions of this Confidentiality Agreement in that monetary damages would be inadequate to compensate NASDAQ OMX for such a breach, and that in the event of any material breach or threatened material breach by the Recipient of any such provisions, NASDAQ OMX shall be entitled, in addition to such other legal or equitable remedies which might be available, to injunctive relief in any court of competent jurisdiction against the threatened material breach or continuation of any such material breach without showing or proving<|eot_id|>
        <|start_header_id|>assistant<|end_header_id|> any actual damages sustained by NASDAQ OMX. If NASDAQ OMX prevails in any action brought to enjoin a material breach or threatened breach of this Confidentiality Agreement, it shall be entitled to reasonable attorney's fees and costs in connection with such legal proceeding. This Confidentiality Agreement shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. 10. The representations and obligations of the Recipient relative to the Confidential Information shall survive the termination of this Confidentiality Agreement for a period up to three (3) years from the date of the completion or other termination of the Project. 11. This Confidentiality Agreement contains the full and complete understanding of Recipient and NASDAQ OMX with respect to the subject matter and supersedes all prior representations and understandings whether they be oral or written. 12. Recipient and NASDAQ OMX understand and agree that in the event any part, term or provision of this Confidentiality Agreement is held to be invalid or legally unenforceable, the validity of the remaining parts, terms or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Confidentiality Agreement did not contain the particular part, term, or provision held to be invalid. 13. The persons executing this Confidentiality Agreement warrant that they have the authority to bind NASDAQ OMX and the Recipient to the terms and conditions embodied in this Confidentiality Agreement. Agreed and Accepted:  (Recipient) By:  Title:  Authorized Officer Date:  The NASDAQ OMX Group, Inc. (NASDAQ OMX) By:  Title:  Authorized Officer Date: <|eot_id|>