Access to Premises and Books. That Perma-Fix and its representatives shall have full access to all their premises and books and records relating to Chem-Con, and shall cause Chem-Con to provide to Perma-Fix and its representatives full access to their premises and books and records, and to cause Chem-Con's officers to furnish Perma-Fix with such financial and operating data and other information with respect to the business and properties of Chem-Con, as Perma-Fix shall from time to time request; provided, however, that any such investigation shall not affect any of the representations, warranties or covenants of Chem-Con, the Sullivans and/or the Xxxxxxxx Trusts hereunder; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably with the operation of the business of Chem-Con. In the event of termination of this Agreement, Perma-Fix will return to Chem-Con any and all financial statements, agreements, documents, memoranda or other repositories of information relating to Chem-Con that Perma-Fix has obtained in connection with its review, and Perma-Fix agrees that any written information relating to Chem-Con and Chem-Con's financial condition, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sullivan Thomas P), Stock Purchase Agreement (Perma Fix Environmental Services Inc)
Access to Premises and Books. That Perma-Fix and its representatives shall have full access at reasonable times to all their premises and books and records relating to Chem-ConM&EC, and shall cause Chem-Con M&EC to provide to Perma-Fix and its representatives full access to their premises and books and records, and to cause Chem-ConM&EC's officers to furnish Perma-Fix with such financial and operating data and other information with respect to the business and properties of Chem-ConM&EC, as Perma-Fix shall from time to time request; provided, however, that any such investigation shall not affect any of the representations, warranties or covenants of Chem-Con, M&EC or the Sullivans and/or the Xxxxxxxx Trusts Stockholders hereunder; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably with the operation of the business of Chem-ConM&EC. In the event of termination of this Agreement, Perma-Fix will return to Chem-Con M&EC any and all financial statements, agreements, documents, memoranda or other repositories of information relating to Chem-Con M&EC that Perma-Fix has obtained in connection with its review, and Perma-Fix agrees that any written information relating to Chem-Con M&EC and Chem-ConM&EC's financial condition, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Perma Fix Environmental Services Inc)
Access to Premises and Books. That Perma-Fix Fix, Florida Perma-Chem and its representatives Georgia Perma-Chem and their repre- sentatives shall have full access to all their premises and books and records relating to Chem-Con, and shall cause Chem-Con to provide to Perma-Fix and its representatives repre- sentatives full access to their premises and books and records, and to cause Chem-Con's officers to furnish Perma-Fix Fix, Florida Perma-Chem and Georgia Perma-Chem with such financial and operating data and other information with respect to the business and properties of Chem-Con, as Perma-Fix Fix, Florida Perma-Chem and Georgia Perma-Chem shall from time to time request; provided, however, that any such investigation shall not affect any of the representations, warranties or covenants of Chem-Con, the Sullivans and/or the Xxxxxxxx Trusts hereunder; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably with the operation of the business of Chem-Con. In the event of termination of this Agreement, Perma-Fix will return to Chem-Con any and all financial statements, agreements, documents, memoranda or other repositories of information informa- tion relating to Chem-Con that Perma-Fix Fix, Florida Perma-Chem and/or Georgia Perma-Chem has obtained in connection with its review, and Perma-Fix agrees that any written information relating to Chem-Con and Chem-Chem- Con's financial condition, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession posses- sion of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Perma Fix Environmental Services Inc)
Access to Premises and Books. That Perma-Fix and its Perma-Met, and their representatives shall have full access to all their premises and books and records relating to Chem-ConMet, and shall cause Chem-Con Met to provide to Perma-Fix and its representatives full access to their premises and books and records, and to cause Chem-ConMet's officers to furnish Perma-Fix and Perma-Met with such financial and operating data and other information with respect to the business and properties pro- perties of Chem-ConMet, as Perma-Fix and Perma-Met shall from time to time request; provided, however, that any such investigation shall not affect any of the representations, warranties or covenants of Chem-ConMet, the Sullivans and/or the Xxxxxxxx Sullivan Trusts hereunderherexxxxx; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably with the operation of the business of Chem-ConMet. In the event of termination of this AgreementAgree- ment, Perma-Fix will return to Chem-Con Met any and all financial statements, agreements, documents, memoranda or other repositories of information relating to Chem-Con Chem- Met that Perma-Fix has and Perma-Met have obtained in connection with its their review, and Perma-Fix agrees that any written information relating to Chem-Con Met and Chem-ConChem- Met's financial condition, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession posses- sion of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Perma Fix Environmental Services Inc)
Access to Premises and Books. That Perma-Fix and its representatives shall have full access to all their premises and books and records relating to Chem-ConMet, and shall cause Chem-Con Met to provide to Perma-Fix and its representatives full access to their premises and books and records, and to cause Chem-ConMet's officers to furnish Perma-Fix with such financial and operating data and other information with respect to the business and properties of Chem-ConMet, as Perma-Fix shall from time to time request; provided, however, that any such investigation shall not affect any of the representationsrepresenta- tions, warranties or covenants of Chem-ConMet, the Sullivans and/or the Xxxxxxxx Trusts hereunder; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably unreason- ably with the operation of the business of Chem-ConMet. In the event of termination of this Agreement, Perma-Perma- Fix will return to Chem-Con Met any and all financial statements, agreements, documents, memoranda or other repositories of information relating to Chem-Con Met that Perma-Fix has obtained in connection with its review, and Perma-Fix agrees that any written information relating to Chem-Con Met and Chem-ConMet's financial conditioncondi- tion, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 1 contract
Access to Premises and Books. That Perma-Fix and its representatives shall have full access to all their premises and books and records relating to Chem-ConMet, and shall cause Chem-Con Met to provide to Perma-Fix and its representatives full access to their premises and books and records, and to cause Chem-ConMet's officers to furnish Perma-Fix with such financial and operating data and other information with respect to the business and properties of Chem-ConMet, as Perma-Fix shall from 28 time to time request; provided, however, that any such investigation shall not affect any of the representationsrepresenta- tions, warranties or covenants of Chem-ConMet, the Sullivans and/or the Xxxxxxxx Trusts hereunder; and, provided further, that any such investigation shall be conducted in such manner as not to interfere unreasonably unreason- ably with the operation of the business of Chem-ConMet. In the event of termination of this Agreement, Perma-Perma- Fix will return to Chem-Con Met any and all financial statements, agreements, documents, memoranda or other repositories of information relating to Chem-Con Met that Perma-Fix has obtained in connection with its review, and Perma-Fix agrees that any written information relating to Chem-Con Met and Chem-ConMet's financial conditioncondi- tion, business, operations and prospects are strictly confidential and shall not be voluntarily disclosed to any third party or used by Perma-Fix for its benefit or the benefit of any other person, except for such information or documents (i) available generally to the public, (ii) in the possession of Perma-Fix prior to its receipt under this Agreement, (iii) obtained by Perma-Fix from a third party who has an independent right to such information or documents, or (iv) as otherwise required by law to be disclosed; provided, however, that any confidentiality requirements contained in this Section shall terminate and be null and void twelve (12) months from the date of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Perma Fix Environmental Services Inc)