RIX Industries Flow Downs

3/1/2004

Description:

RESTRICTIVE LEGENDS ON PROPRIETARY DATA

Clause:

Buyer's acceptance of any document marked with a restrictive legend does not indicate Buyer's agreement that information contained therein is proprietary. Buyer will have the right to reproduce any submitted data, drawings, or other material as required for evaluation purposes only, even though marked with a restrictive legend, under the condition that Bidder's restrictive legends will be included on any reproduction of any such data so marked. It is understood that in the event information contained in submitted documents is already within Buyer's knowledge, is obtained from any source without restriction, or is for any reason not protectable at law, restrictive markings that purport to cover the information will not be valid with respect to, nor will they be binding upon, Buyer.