Common use of Access; Information Clause in Contracts

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, each Party shall, and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives access, during normal business hours throughout the period prior to the Astro Effective Time, to all of its properties, books, contracts, commitments, personnel and historical records as reasonably requested and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law (other than reports or documents that Parent or the Company or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law). Notwithstanding the foregoing, neither the Company nor Parent nor any of their respective Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreement. (b) The Buyer Parties and the Company, respectively, will not use any information obtained pursuant to this Section 7.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated (i) to the consummation of the Merger Transactions or (ii) the matters contemplated by Section 7.2 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Party’s obligation to consummate the Merger Transactions.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating Law, each Party, for the purposes of verifying the representations and warranties of the other Party and preparing for the Mergers and the other transactions contemplated by this Agreement, shall, and shall cause each of their respective Subsidiaries to, afford to the exchange officers, employees, accountants, counsel, advisors and other representatives of informationthe other Party, access, during normal business hours during the period prior to the Effective Time, to all its properties, books, contracts, commitments, personnel, information technology systems, and records, and each shall cooperate with the other Party in preparing to execute after the Effective Time the conversion or consolidation of systems and business operations generally. During such period, each Party shall, and shall cause its respective Subsidiaries to, afford the Other Parties and their respective Representatives access, during normal business hours throughout the period prior make available to the Astro Effective Time, to all of its properties, books, contracts, commitments, personnel and historical records as reasonably requested and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives other Party (i) a copy of each material report, schedule schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or federal or state securities Law banking laws (other than reports or documents that Parent CVCY or the Company or their respective SubsidiariesCWBC, as the case may be, are is not permitted to disclose under applicable Law), and (ii) all other information concerning its business, properties and personnel as such Party may reasonably request. Notwithstanding the foregoing, neither the Company nor Parent Neither Party nor any of their respective its Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of such Party’s or its Subsidiaries’, as the case may be, customers, jeopardize the attorney-client privilege of the institution in possession or control of such information (after giving due consideration to the existence of any common interest, joint defense or similar agreement between the Parties) or contravene any Law, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Parties will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply. (b) The Buyer Parties and the Company, respectively, will not use any All information obtained furnished to CWBC or CVCY pursuant to this Section 7.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated (i) 6.6 shall be subject to the consummation provisions of the Merger Transactions or Mutual Confidentiality Agreement, dated as of January 31, 2023, between CVCY and CWBC, as amended (iithe “Confidentiality Agreement”). (c) the matters contemplated by Section 7.2 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party any of the business and affairs Parties or their respective representatives shall affect the representations, warranties, covenants or agreements of the Other other Parties shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Party’s obligation to consummate the Merger Transactionsset forth herein.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, each Party party shall, and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives Representatives, access, during normal business hours throughout the period prior to the Astro Effective Time, to all of its properties, books, contracts, commitmentscommitments and records, personnel and historical records as reasonably requested to its Representatives, and, during such period, it shall shall, and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives (i) a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law law (other than reports or documents that Parent VNR or the Company ENP or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law)) and (ii) all other information concerning its business, properties and personnel as the Other Parties may reasonably request. Notwithstanding the foregoing, neither the Company ENP nor Parent VNR nor any of their respective Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (iiA) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreement.Agreement or (B) allow any invasive sampling or testing of their properties. The parties hereto will make appropriate substitute disclosure arrangements under the circumstances in which the restrictions of the immediately preceding sentence apply (b) The Buyer Parties VNR and the CompanyENP, respectively, will not use any information obtained pursuant to this Section 7.5 6.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated to (i) to the consummation of the Merger Transactions transactions contemplated by this Agreement or (ii) the matters contemplated by Section 7.2 6.2 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 6.5 in confidence. No investigation by either Party party of the business and affairs of the Other Parties other shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Partyeither party’s obligation to consummate the Merger Transactionstransactions contemplated by this Agreement.

Access; Information. (a) Upon reasonable notice and subject Subject to applicable Laws laws relating to the exchange of informationinformation and procedures adopted by the Company and reasonably agreed to by Nortel Networks, each Party shallthe Company shall afford to the officers, employees, counsel, accountants and shall cause its Subsidiaries toother authorized representatives of Nortel Networks, afford the Other Parties and their respective Representatives reasonable access, during normal business hours throughout the period prior to the Astro Effective TimeDate, to all of its properties, books, contracts, commitments, personnel commitments and historical records as reasonably requested and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives Nortel Networks upon request (i) a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law laws, and (ii) all other than reports information concerning the business, properties and personnel of it as Nortel Networks may reasonably request; provided that such information may not be used for any purpose unrelated to the consummation of the transactions contemplated by this Agreement. The Company shall promptly inform Nortel Networks of any material litigation, claim or documents other proceeding before any court or other governmental authority that Parent arises following the date of this Agreement and any material development in any such existing material litigation, claim or the other proceeding. The Company or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law). Notwithstanding the foregoing, neither the Company nor Parent nor any of their respective and its Subsidiaries shall not be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize contravene any law, rule, regulation, order, judgment, decree or agreement. Nortel Networks and the attorney-client privilege Company shall make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreementpreceding sentence apply. (b) The Buyer Parties Subject to the requirements of applicable law, pending consummation of the Merger, all non-public information provided by or on behalf of the Company to Nortel Networks or its employees, directors, agents or advisors and Nortel Networks to the Company or its employees, directors, agents or advisors pursuant to this Agreement or otherwise will remain subject to the obligations of Nortel Networks and the CompanyCompany under the Confidentiality Agreement. (c) No investigation by a party, respectively, will not use any information obtained pursuant to this Section 7.5 (to which it was not entitled under Law 6.05 or any agreement other than this Agreement) for any purpose unrelated (i) to the consummation of the Merger Transactions or (ii) the matters contemplated by Section 7.2 in accordance with the terms thereofotherwise, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify any representation or waive any representation, warranty, covenant or agreement in this Agreement, or warranty of the conditions to any Party’s obligation to consummate the Merger Transactionsother party contained herein.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, each Party party shall, and shall cause its Subsidiaries to, afford the Other Parties other parties and their respective Representatives officers, employees, counsel, accountants and other authorized representatives, access, during normal business hours throughout the period prior to the Astro Effective Time, to all of its properties, books, contracts, commitmentscommitments and records, personnel and historical records as reasonably requested to its officers, employees, accountants, counsel or other representatives, and, during such period, it shall shall, and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives representatives (i) a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law law (other than reports or documents that Parent Midstream or the Company CEQP or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law)) and (ii) all other information concerning the business, properties and personnel of it as the other may reasonably request. Notwithstanding the foregoing, neither the Company Neither Midstream nor Parent CEQP nor any of their respective Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under the circumstances in which the restrictions of the preceding sentence apply. (b) The Buyer Parties CEQP and the CompanyMidstream, respectively, will not use any information obtained pursuant to this Section 7.5 6.6 or Section 6.7 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated to (i) to the consummation of the Merger Transactions transactions contemplated by this Agreement or (ii) the matters contemplated by Section 7.2 6.7 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect 6.6 or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Party’s obligation to consummate the Merger Transactions.Section 6.7

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, each Party shallthe Company shall afford Parent’s officers, employees, counsel, accountants and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives other authorized representatives reasonable access, during normal business hours throughout during the period prior to the Astro Effective Time, to all of its properties, the books, contractsrecords, commitments, personnel properties and historical records as reasonably requested contracts of the Company and, during such period, it the Company shall and shall cause its Subsidiaries to, furnish promptly make available to such Person and its Representatives Parent (i) a copy of each material report, schedule schedule, registration statement and other document filed by it or received during such period pursuant to the requirements of federal or state banking or securities Law laws (other than reports or documents that Parent or the Company or their respective Subsidiaries, as the case may be, are is not permitted to disclose under applicable Law)law) and (ii) all other information concerning the business, properties and personnel of the Company as Parent may reasonably request. The Company shall provide to Parent all written agendas and meeting or written consent materials provided to the directors of the Company and Bank Subsidiary in connection with board and committee meetings, subject to applicable Laws relating to the exchange of information. Notwithstanding the foregoingabove provisions in this Section 6.06(a), neither Parent and its representatives shall not be entitled to receive information directly relating to the negotiation and prosecution of this Agreement or, except as otherwise provided herein, relating to an Acquisition Proposal, a Superior Proposal, a Change of Recommendation or any matters relating thereto. Neither the Company nor Parent nor any of their respective its Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the institution in possession Company or control of such information its Subsidiaries or contravene any Lawlaw, rule (including with respect to confidential supervisory information), regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties shall make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the previous sentence apply. (b) The Buyer Parties and the Company, respectively, will not use any All information obtained furnished pursuant to this Section 7.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated (i) 6.06 shall be subject to the consummation provisions of the Merger Transactions or Confidentiality and Non-Disclosure Agreements, dated as of May 7, 2014 and July 7, 2014, between Parent and the Company (ii) the matters contemplated by Section 7.2 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Party’s obligation to consummate the Merger Transactions“Confidentiality Agreements”).

Access; Information. (aA) Upon reasonable notice and subject to applicable Laws relating to the exchange of informationnotice, each Party shall, and it shall cause its Subsidiaries to, afford the Other Parties other parties and their respective Representatives its officers, employees, counsel, accountants and other authorized representatives, access, during normal business hours throughout the period prior to the Astro Effective TimeDate, to all of its properties, books, contracts, commitments, personnel commitments and historical records as reasonably requested and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives the other parties (i) a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law or banking laws, and (ii) all other than reports or documents that Parent or information concerning the Company or their respective Subsidiariesbusiness, properties and personnel of it as the case other may bereasonably request. None of Acquisition Corp., are not permitted to disclose under applicable Law). Notwithstanding the foregoingBancorp nor Skylands, neither the Company nor Parent nor any of their respective Subsidiaries subsidiaries, shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of its customers, jeopardize the attorney-client or similar privilege of the institution in possession or control of with respect to such information or contravene any Lawlaw, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date hereof. The parties will use their reasonable best efforts to make appropriate substitute disclosure arrangements, to the extent practicable, in circumstances in which the restrictions of this Agreementthe preceding sentence apply. (bB) The Buyer Parties and the Company, respectively, It will not use any information obtained pursuant to this Section 7.5 (to which it was not entitled under Law or any agreement other than this Agreement) 5.05 for any purpose unrelated (i) to the consummation of the Merger Transactions or (ii) the matters transactions contemplated by Section 7.2 in accordance with the terms thereofthis Plan and, and if this Plan is terminated, will hold all information and documents obtained pursuant to this paragraph in confidence (as provided in Section 7.5 in confidence. 8.06) unless and until such time as such information or documents become publicly available other than by reason of any action or failure to act by it or as it is advised by counsel that any such information or document is required by applicable law to be disclosed. (C) No investigation by either Party any party of the business and affairs of the Other Parties other parties hereto shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this AgreementPlan, or the conditions to any Party’s party's obligation to consummate the Merger Transactionstransactions contemplated by this Plan.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws Each Party hereto shall keep the other Parties apprised of the status of matters relating to completion of the exchange Share Sale and the other transactions contemplated hereby, including promptly furnishing the other with copies of informationany material notices or other communications received by such Party or, each Party shall, and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives access, during normal business hours throughout the period prior to the Astro Effective Timeknowledge of such Party, to all of its properties, books, contracts, commitments, personnel and historical records as reasonably requested and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives a copy of each material report, schedule and other document filed by it during such period pursuant from any third party and/or any Governmental Authority with respect to the requirements of federal or state securities Law (Share Sale and the other than reports or documents that Parent or transactions contemplated by this Agreement, in each case to the Company or their respective Subsidiaries, as the case may be, are not extent permitted to disclose under by applicable Law). Notwithstanding Each Party shall give prompt notice to the foregoingother Parties of any development or combination of developments that, neither individually or in the Company nor Parent nor any of their respective Subsidiaries shall aggregate, would be required reasonably likely to (i) allow invasive sampling cause it to fail to comply with or testing of their respective properties satisfy in any material respect any covenant, condition or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; agreement under this Agreement or (ii) provide access prevent, materially delay or materially impair its ability to consummate the transactions contemplated by this Agreement or otherwise to disclose information where perform its respective obligations hereunder, including the failure of a condition in Article VII of this Agreement; provided, however, that no such access notification shall affect the representations, warranties, covenants or disclosure would jeopardize the attorney-client privilege agreements of the institution in possession Parties or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior the conditions to the date obligations of the Parties under this Agreement. (b) With prior notice to the Bank, subject to applicable Law, the books, records, properties, contracts and documents of the Bank will be available at all reasonable times to Purchaser and its counsel, accountants and other Representatives and financing sources. Such items will be open for inspection as Purchaser deems reasonably relevant to the Share Sale and transactions contemplated by this Agreement. The Buyer Parties Bank shall cooperate fully in such inspection, and make available all information reasonably requested by or on behalf of Purchaser or such other persons. (c) Upon request by Purchaser, the Bank shall request that any third parties involved in the preparation or review of the Bank Financial Statements and the Company, respectively, will not use any information obtained pursuant Subsequent Financial Statements disclose to this Section 7.5 (to which it was not entitled under Law Purchaser the work papers or any agreement other than this Agreement) for any purpose unrelated (i) similar materials related to the consummation of the Merger Transactions or (ii) the matters contemplated by Section 7.2 in accordance with the terms thereof, such Bank Financial Statements and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Party’s obligation to consummate the Merger TransactionsSubsequent Financial Statements.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws laws relating to the exchange of information, each Party shallthe Company shall afford Parent’s officers, employees, counsel, accountants and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives other authorized representatives reasonable access, during normal business hours throughout during the period prior to the Astro Effective Time, to all of its properties, the books, contractsrecords, commitments, personnel properties and historical records as reasonably requested contracts of the Company and, during such period, it the Company shall and shall cause its Subsidiaries to, furnish promptly make available to such Person and its Representatives Parent (i) a copy of each material report, schedule schedule, registration statement and other document filed by it or received during such period pursuant to the requirements of federal or state banking or securities Law laws (other than reports or documents that Parent or the Company or their respective Subsidiaries, as the case may be, are is not permitted to disclose under applicable Law)law) and (ii) all other information concerning the business, properties and personnel of the Company as Parent may reasonably request, provided, however, that Parent and its representatives shall not be entitled to receive information directly relating to the negotiation and prosecution of this Agreement or, except as otherwise provided herein, relating to an Acquisition Proposal, a Superior Proposal, a Change of Recommendation or any matters relating thereto. Notwithstanding the foregoing, neither Neither the Company nor Parent nor any of their respective its Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the institution in possession Company or control of such information its Subsidiaries or contravene any Lawlaw, rule (including with respect to confidential supervisory information), regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties shall make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the previous sentence apply. (b) The Buyer Parties and the Company, respectively, will not use any All information obtained furnished pursuant to this Section 7.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated (i) 6.06 shall be subject to the consummation provisions of the Merger Transactions or (ii) the matters contemplated by Section 7.2 in accordance with the terms thereof, Confidentiality and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Non-Disclosure Agreement, or dated as of April 9, 2014 between Parent and the conditions to any Party’s obligation to consummate Company (the Merger Transactions“Confidentiality Agreement”).

Access; Information. (a) Upon reasonable notice and subject to applicable Laws laws relating to the exchange of information, each Party shallthe Parties shall afford to the officers, employees, counsel, accountants and shall cause its Subsidiaries toother authorized representatives of the other Party, afford the Other Parties and their respective Representatives reasonable access, during normal business hours throughout the period prior to the Astro Effective TimeDate, to all of its the Parties' employees, properties, books, contracts, commitments, personnel commitments and historical records in order for the other Party to make such investigations as it shall reasonably requested require and, during such period, it shall and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives the other Party (i) a copy of each material report, schedule and other document filed by it during such period or any of its Subsidiaries pursuant to the requirements of federal federal, state or state foreign securities Law laws, and (ii) all other than reports information concerning its or documents that Parent or the Company or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law). Notwithstanding the foregoing, neither the Company nor Parent nor any of their respective Subsidiaries its Subsidiaries' business, properties and personnel as a party may reasonably request; provided, that such information may not be used for any purpose unrelated to the consummation of the transactions contemplated by this Agreement. The Parties shall promptly inform the other Party of any litigation, claim or other proceeding before any court or other governmental authority that arises following the date of this Agreement and any material development in any such existing litigation, claim or other proceeding. The Parties shall not be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize contravene any law, rule, regulation, order, judgment, decree or agreement. Parent and the attorney-client privilege Company shall make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreementpreceding sentence apply. (b) The Buyer Parties Subject to the requirements of applicable law, pending consummation of the Merger, all non-public information provided by the Company to Parent and Parent to the Company pursuant to this Agreement or otherwise will remain subject to the obligations of Parent and the CompanyCompany under the Confidentiality Agreement. (c) No investigation by a party, respectively, will not use any information obtained pursuant to this Section 7.5 (to which it was not entitled under Law 6.05 or any agreement other than this Agreement) for any purpose unrelated (i) to the consummation of the Merger Transactions or (ii) the matters contemplated by Section 7.2 in accordance with the terms thereofotherwise, and will hold all information and documents obtained pursuant to this Section 7.5 in confidence. No investigation by either Party of the business and affairs of the Other Parties shall affect or be deemed to modify any representation or waive any representation, warranty, covenant or agreement in this Agreement, or warranty of the conditions to any Party’s obligation to consummate the Merger Transactionsother party contained herein.

Access; Information. (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, each Party party shall, and shall cause its Subsidiaries to, afford the Other Parties and their respective Representatives Representatives, access, during normal business hours throughout the period prior to the Astro Effective Time, to all of its properties, books, contracts, commitmentscommitments and records, personnel and historical records as reasonably requested to its Representatives, and, during such period, it shall shall, and shall cause its Subsidiaries to, furnish promptly to such Person and its Representatives (i) a copy of each material report, schedule and other document filed by it during such period pursuant to the requirements of federal or state securities Law law (other than reports or documents that Parent Partners or the Company OILT or their respective Subsidiaries, as the case may be, are not permitted to disclose under applicable Law)) and (ii) all other information concerning its business, properties and personnel as the Other Parties may reasonably request. Notwithstanding the foregoing, neither the Company Neither OILT nor Parent Partners nor any of their respective Subsidiaries shall be required to (i) allow invasive sampling or testing of their respective properties or improvements thereon as a part of or in connection with any environmental investigation or review including with respect to the presence, Release or threatened Release of, or exposure to, any Hazardous Materials; or (ii) provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege (or other applicable privilege or immunity) of the institution in possession or control of such information or contravene any Law, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under the circumstances in which the restrictions of the immediately preceding sentence apply. (b) The Buyer Parties Partners and the CompanyOILT, respectively, will not use any information obtained pursuant to this Section 7.5 6.5 (to which it was not entitled under Law or any agreement other than this Agreement) for any purpose unrelated to (i) to the consummation of the Merger Transactions transactions contemplated by this Agreement or (ii) the matters contemplated by Section 7.2 6.6 in accordance with the terms thereof, and will hold all information and documents obtained pursuant to this Section 7.5 6.5 in confidence. No investigation by either Party party of the business and affairs of the Other Parties other shall affect or be deemed to modify or waive any representation, warranty, covenant or agreement in this Agreement, or the conditions to any Partyeither party’s obligation to consummate the Merger Transactionstransactions contemplated by this Agreement.