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(e) Contractor shall not use the Promotional Area or Kmart Premises for any use '\\h'ch: (i) is an auto sale, display or promotion, other than temporary sales of new or quality used automobiles; (ii) is a carnival or circus; (iii) is or involves a fireworks sale or display; (iv) is a pt:blic or private nuisance; (v) produces: (A) amplified sound or noise objectionable due to its intermittence, frequency, shrillness or loudness, (B) obnoxious, toxic, caustic or corrosive odors, fumes, fuel or gas, (C) excessive dust, dirt or ash, or (D) fire, explosion or other hazard; (vi) could cause the cancellation of or increase in the rates for Kmart's insurance policies (including self-insurance programs); (vii) involves the sale or display of pornographic materials or the sale or consumption of alcohol; or (viii) could injure in any manner Kmart's reputation or would be inconsistent with the operation of a family-oriented shopping center. ,~ " .~ (f) Subject to prior review. and written approval by Kmart, Contractor at its cost shall arrange for the preparation and placement of all advertising (including merchandising point of sale advertising), signage and direct mail programs related to the Event, the Promotional Area and Contractor's services (collectively, ~Uaterials'). Contractor must submit all Materials to Kmart for Kmart's prior review and approval before placing in the Promotional Area or in any media or otherwise disseminating such materials. Kmart may withhold or withdraw such approval at any time in its sole and unfettered discretion without liability to Contractor. Contractor shall allow Kmart to use the name of the Event, the Event trademarks and all other rights related thereto. (g) Contractor shall not permit the parking of semi-truck trailers or other heavy equipment on any portion of the Kmart Premises, including the Promotional Area; provided that goods and materials may be unloaded from semi-truck trailers solely from within the Promotional Area if such semi-truck trailers are not present for greater than one hour and do not interfere with tT ~ traffic flow in the parking lot_ 4. Confidentiali1y and Kmart Marks. (a) Contractor agrees that all information in any form (including the proVlslOn of this A l:,rreement) now or hereafter provided to Contractor by Kmart or which relates to Kmart, regardless of the manner in which it is now or hereafter obtained by Contractor, its agents, employees or contractors, is provided to and received by Contractor in confidence. Contractor shall at all times preserve and protect ~e confidentiality of such information and any other information relating to Kmart or its affiliates disclosed to Contractor, its agents or employees, in connection with this Agreement, including, without limitation, the terms and conditions of this Agreement ("Confidential Material'). Without limiting the generality of the foregoing, Contractor must not divulge to or discuss with any other person, entity or agency any trade secret, system, program or any other matter on which Contractor is working under this Agreement, other program, system, or work product belonging to Kmart which are disclosed to Contractor, or information regarding Kmart and any agreements or contracts which Kmart has with Contractor or other companies or firms. Contractor also agrees that it shall take all necessary steps to ensure that Confidential Material is not disclosed to or used by any person or entity, except Contractor's employees (and then only to the extent necessary to pennit Contractor,to perform this Agreement). (b) Contractor shall not use, print or duplicate the name of Kmart or any subsidiary or other related entity or any of the trademarks, trade names, service marks, logos, assignees, programs and 4