Common use of Access to Information; Confidentiality Agreement Clause in Contracts

Access to Information; Confidentiality Agreement. Upon reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the other, its respective counsel, financial advisors, auditors and other authorized representatives (collectively, "REPRESENTATIVES") reasonable access during normal business hours to the offices, properties, books and records of such party and its Subsidiaries, (ii) furnish to the other and the other's Representatives such financial and operating data and other information relating to such party, its Subsidiaries and their respective operations as such Persons may reasonably request and (iii) instruct such party's employees, counsel and financial advisors to cooperate with the other in its investigation of the business of such party and its Subsidiaries; PROVIDED THAT any information and documents received by the other party or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16, 2001 between Parent and the Company (the "CONFIDENTIALITY AGREEMENT"), which, subject to Section 8.10, shall remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereof.

Access to Information; Confidentiality Agreement. Upon reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the other, its respective counsel, financial advisors, auditors and other other's authorized representatives (collectively, "REPRESENTATIVES") reasonable access during normal business hours to the offices, properties, books and records of such party and its Subsidiaries, (ii) furnish to the other and the other's Representatives such financial and operating data and other information relating to such party, its Subsidiaries and their respective operations as such Persons may reasonably request and (iii) instruct such party's employees, counsel and financial advisors to cooperate with the other in its investigation of the business of such party and its Subsidiaries; PROVIDED THAT any information and documents received by the other party or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16July 29, 2001 1999 between Parent and the Company (the "CONFIDENTIALITY AGREEMENT"), which, subject to Section 8.10, which shall remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereofhereof until the Effective Time.

Access to Information; Confidentiality Agreement. Upon ------------------------------------------------ reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the otherParent, its respective counsel, financial advisors, auditors and other other's authorized representatives (collectively, "REPRESENTATIVESRepresentatives") reasonable access during normal business hours to the offices, properties, books and records of such party the Company and its Subsidiariesthe Non-Energy Subsidiaries (including to conduct environmental testing, if desired), (ii) furnish to the other and the otherParent's Representatives such financial and operating data and other information relating to such party, its Subsidiaries and their respective operations as such Persons persons may reasonably reasona- xxx request and (iii) instruct such partythe Company's and its Non-Energy Subsidiaries' employees, counsel and financial advisors to cooperate with the other Parent in its investigation of the business of such party the Company and its Subsidiaries; PROVIDED THAT provided that any information and documents received by the other party Parent or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16April 27, 2001 2000 between Dutch Parent and the Company (the "CONFIDENTIALITY AGREEMENTConfidentiality Agreement"), which, subject to Section 8.10, which shall remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereofhereof until the Effective Time.

Access to Information; Confidentiality Agreement. Upon ------------------------------------------------ reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the otherParent, its respective counsel, financial advisors, auditors and other other's authorized representatives (collectively, "REPRESENTATIVESRepresentatives") reasonable access during normal business hours to the offices, properties, books and records of such party the Company and its Subsidiariesthe Non-Energy Subsidiaries (including to conduct environmental testing, if desired), (ii) furnish to the other and the otherParent's Representatives such financial and operating data and other information relating to such party, its Subsidiaries and their respective operations as such Persons persons may reasonably reasona- bly request and (iii) instruct such partythe Company's and its Non-Energy Subsidiaxxxs' employees, counsel and financial advisors to cooperate with the other Parent in its investigation of the business of such party the Company and its Subsidiaries; PROVIDED THAT provided that any information and documents received by the other party Parent or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16April 27, 2001 2000 between Dutch Parent and the Company (the "CONFIDENTIALITY AGREEMENTConfidentiality Agreement"), which, subject to Section 8.10, which shall remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereofhereof until the Effective Time.

Access to Information; Confidentiality Agreement. Upon reasonable advance notice, between Between the date hereof and the Closing Date, each of the Company and Parent shall (i) upon 12 hours prior notice from Parent, give the otherParent, its respective counsel, financial advisors, auditors and other authorized representatives (collectively, "REPRESENTATIVES") reasonable access during normal business hours access, beginning at 8 a.m. on the day following delivery of such notice, to the offices, properties, books and records of such party the Company and its Subsidiaries, (ii) furnish to the other Parent and the otherParent's Representatives such financial and operating data and other information relating to such partythe Company, its Subsidiaries and their respective operations as such Persons may reasonably request and (iii) instruct such partythe Company's employees, counsel and financial advisors to cooperate with the other Parent in its investigation of the business of such party the Company and its Subsidiaries; PROVIDED THAT that any information and documents received by the other party Parent or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16September 17, 2001 between Parent and the Company (the "CONFIDENTIALITY AGREEMENT"), which, subject to Section 8.10, which shall remain in full force and effect until the Effective Time pursuant to the terms thereofthereof until the Effective Time, notwithstanding the execution and delivery of this Agreement or the termination hereof.

Access to Information; Confidentiality Agreement. (a) Upon reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the otherParent, its respective counsel, financial advisors, auditors and other authorized representatives (collectively, "REPRESENTATIVESParent's -------- Representatives") reasonable access during normal business hours to the offices, --------------- properties, books and records of such party the Company and its Subsidiaries, (ii) furnish to the other and the otherParent's Representatives such financial and operating data and other information relating to such partythe Company, its Subsidiaries and their respective operations as such Persons may reasonably request and (iii) instruct such partythe Company's employees, counsel and financial advisors to cooperate with the other Parent in its investigation of the business of such party the Company and its Subsidiaries; PROVIDED THAT provided -------- that any information and documents received by the other party Parent or its Parent's ---- Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16May 5, 2001 2000 between Parent and the Company (the "CONFIDENTIALITY AGREEMENTConfidentiality Agreement"), which, subject to Section 8.10, which shall ------------------------- remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereof, until the Effective Time.

Access to Information; Confidentiality Agreement. Upon reasonable advance notice, between the date hereof and the Closing Date, each of the Company and Parent shall (i) give the other, its respective counsel, financial advisors, auditors and other other's authorized representatives (collectively, "REPRESENTATIVES") reasonable access during normal business hours to the offices, properties, books and records of such party and its Subsidiaries, (ii) furnish to the other and the other's Representatives such financial and operating data and other information relating to such party, its Subsidiaries and their respective operations as such Persons may reasonably request and (iii) instruct such party's employees, counsel and financial advisors to cooperate with the other in its investigation of the business of such party and its Subsidiaries; PROVIDED THAT provided that any information and documents received by the other party or its Representatives (whether furnished before or after the date of this Agreement) shall be held in accordance with the Confidentiality Agreement dated as of March 16July 29, 2001 1999 between Parent and the Company (the "CONFIDENTIALITY AGREEMENT"), which, subject to Section 8.10, which shall remain in full force and effect until the Effective Time pursuant to the terms thereof, notwithstanding the execution and delivery of this Agreement or the termination hereofhereof until the Effective Time.