Common use of Access to Records and Properties Clause in Contracts

Access to Records and Properties. Except to the extent limited by agreement with third parties, between the date of this Agreement and the Closing Date, Frontier, Esenjay and Aspect shall give each other full access to all their respective premises, properties and books and records and will cause their respective employees, agents and representatives to furnish financial and operating data and other information with respect to each other party as the other from time to time reasonably requests; provided, however, that any such investigation shall be conducted in such a manner as not to interfere unreasonably with the operation of the providing parties business. Any such furnishing of such information to the parties or any investigation by the parties, shall not affect each party's right to rely on any representations and warranties made in this Agreement. Except as required by law, all information furnished pursuant hereto shall not be disclosed and shall be kept confidential from all third parties unless the party who furnished such information consents in writing to the disclosure of all or part of such information. In the event of any termination of this Agreement, each party will return all documents, work papers and other materials (including all copies thereof) obtained pursuant hereto and in connection with the Exchange, and for a period of one year after such termination (i) will use all reasonable efforts to keep confidential any information obtained pursuant to this Agreement, except to the extent required by law or unless such information is readily ascertainable from public or published information or trade sources, and (ii) will not use any of the information obtained in connection with the Exchange, except in connection therewith.

Access to Records and Properties. Except to the extent limited by agreement with third parties, between the date of this Agreement and the Closing Date, FrontierNewco, Esenjay Araxas and Aspect the South Coast Entities shall give each other full access to all their respective premises, properties and books and records and will cause their respective employees, agents and representatives to furnish the other with financial and operating data and other information with respect to each such other party as the other from time to time reasonably requests; provided, however, that any such investigation shall be conducted in such a manner as not to interfere unreasonably with the operation of the providing parties businesstheir respective businesses. Any such furnishing of such information to the parties or any investigation by the parties, shall not affect each party's right to rely on any representations and warranties made in this Agreement. Except as required by law, all information furnished pursuant hereto shall not be disclosed and shall be kept confidential from all third parties unless without the consent of the party who furnished such information consents in writing to the disclosure of all or part of such information. In the event of any termination of this Agreement, each ACQUISITION AGREEMENT AND PLAN OF ORGANIZATION PAGE 38 OF 56 PAGES party will return all documents, work papers and other materials (including all copies thereof) obtained pursuant hereto and in connection with the Exchangetransactions contemplated hereby, and for a period of one (1) year after such termination (i) will use all reasonable efforts to keep confidential any information obtained pursuant to this Agreement, except to the extent required by law or unless such information is readily ascertainable from public or published information or trade sources, and (ii) will not use any of the information obtained in connection with the Exchangetransactions contemplated by this Agreement, except in connection therewithwith such transactions.