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ATTACHMENT 2 writing and will be deemed delivered upon the earlier of the following: (a)actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery;or(d) if not actually received,five(5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested)affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations,and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Tyler Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes,without limitation, personal identifying information (e.g., social security numbers)and trade secrets,each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Tyler Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain,either at the time of disclosure or afterwards,except by breach of this Tyler Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party;or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Tyler Agreement; provided, however,that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. Tyler shall obtain a City of Pleasanton business license to perform services hereunder (including payment of the fee associated with such business license). 19. Governing Law. This Tyler Agreement will be governed by and construed in accordance with the laws of your state of domicile. 20. Multiple Originals and Signatures. This Tyler Agreement may be executed in multiple originals,any of which will be independently treated as an original document. Any electronic,faxed,scanned, photocopied,or similarly reproduced signature on this Tyler Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. 21. Contract Documents. This Tyler Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy 9 %ES tyler