all provider tools used in the website shall be set forth in exhibit a. throughout the term of the agreement and immediately upon termination, provider shall provide to customer the most current copies of any provider tools to which customer has rights pursuant to the foregoing, plus any related documentation. if customer desires to modify the website (including the platform requirements specified in exhibit a) at any time during the term of this agreement, customer shall describe the additional services or deliverables to provider (the “change notice”). on the first day of every month, and at any other time as reasonably requested by customer, provider at its expense shall deliver to customer a complete electronic copy of the website (including all provider tools). title to and ownership of the owner’s marks shall remain with the owner.
in the event that customer terminates the agreement prior to initial acceptance of the work product pursuant to section 2.5, customer shall return all work product to provider and provider shall return any initial content and refund to customer any portion of the design fee previously paid to provider hereunder. as between provider and customer, any content given to provider by customer under this agreement or otherwise, and all user content, shall at all times remain the property of customer or its licensor. provider understands and agrees that customer does not want any other confidential information of provider, and should the parties believe that additional confidential information of provider needs to be disclosed to customer, the parties shall execute a separate non-disclosure agreement regarding such information. personnel supplied by provider shall work exclusively for provider and shall not, for any purpose, be considered employees or agents of customer. provider agrees that provider’s services are unique and that customer may suffer irreparable harm in the event of any breach by provider and that monetary damages in such event would be substantial and inadequate to compensate customer. 5. the maximum size for any page shall be _____, the average size of any page shall be ______, and the user shall have the option to select a low-graphics version of the website to minimize download time.
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