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the same instrument. <br />9.6 Confidentiality <br />The Parties acknowledge that ExteNet will disclose proprietary and confidential network <br />and business information to Licensee in order to perform this Agreement. Licensee <br />agrees to take all reasonable steps to protect such proprietary and confidential <br />information from public disclosure, and to make available such information internally <br />only to Licensee personnel with a need to know or to its legal counsel. Licensee shall <br />not disclose the contents of this Agreement except as required by state law in response <br />to a formal request pursuant to the California Public Records Act (Government Code <br />Section 6250, el seq.). Licensee shall notify ExteNet within three (3) business days of <br />receiving a request under the California Public Records Act for information about this <br />Agreement. <br />9.7. Venue <br />In the event that either party brings any action against the other under this Agreement, <br />the Parties agree that trial of such action shall be vested exclusively in the state courts of <br />California in the County of Alameda or in the United States District Court for the <br />Northern District of California. <br />[THIS SPACE INTENTIONALLY LEFT BLANK] <br />Exhibit C — Dark Fiber License Agreement <br />Page 12 <br />