In the event of acquisition, PSI will provide $2,500,000 in development capital that will be used exclusively for third-party fees and expenses incurred by the co-developers for the development of the project in COD. If development costs exceed $2,500,000, ESP will reduce its group fees accordingly to offset the additional development costs. If ESP were to deliver the project to COD below the expected development budget, both parties will be equally involved in the savings achieved. Any co-developer agrees that „confidential information” is all oral, written, graphic or machine-readable information, including patents, patent applications, research, product plans, products, developments, inventions, processes, designs, drawings, engineering, formulas, markets, software (including source and object code), the hardware configuration, computer programs, algorithms, business plans, agreements with third parties, services, customers, marketing or finances of the disclosing party that, at the time of disclosure, designate one of the parties as confidential or protected or that are confidential because of the content or context of their delivery. . . .
