Common use of ACKNOWLEDGMENTS BY SELLER Clause in Contracts

ACKNOWLEDGMENTS BY SELLER. Seller acknowledges that Seller has had access to and has become familiar with the following, any and all of which constitute confidential information of Seller (collectively the “Confidential Information”): (a) any and all trade secrets concerning the business and affairs of Seller, methods, recipes and ingredient lists, menus, techniques, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, market studies, business plans, computer software and programs (including object code and source code), database technologies, systems, devices, know-how, discoveries, and concepts of Seller and any other information, however documented, of Seller that is a trade secret within the meaning of the Uniform Trade Secrets Act or under other applicable law; (b) any and all information concerning the business of the Restaurants (which includes without limitation historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers and potential suppliers, personnel training and techniques and materials, purchasing methods and techniques and manuals); and (c) any and all notes, analyses, compilations, studies, summaries and other material prepared by or for Seller containing or based, in whole or in part, upon any information included in the foregoing. Seller acknowledges that (a) Buyer has required that Seller make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Buyer’s purchase of the Assets of the Pittsburgh Restaurant; (b) the provisions of Sections 3 and 4 of this Agreement are reasonable and necessary to protect and preserve Buyer’s interests in and right to the use and operation of the Assets of the Pittsburgh Restaurant from and after Closing of the purchase of the Assets of the Pittsburgh Restaurant; and (c) Buyer would be irreparably damaged if Seller were to breach the covenants set forth in Sections 3 and 4 of this Agreement.

ACKNOWLEDGMENTS BY SELLER. Seller acknowledges that that (a) Each of its key employees, officers and directors has occupied a position of trust and confidence with Seller has had access prior to the date of this Agreement and has become familiar with the following, any and all of which constitute confidential information of Seller (collectively collectively, the “"Confidential Information”): "): (ai) any and all trade secrets concerning the business Trade Secrets, Copyrights and Marks and affairs of Seller, methods, recipes and ingredient customer lists, menuscurrent and anticipated customer requirements, techniques, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, pastprice lists, market studies, business plans, computer software and programs (including object code and source code), computer software and database technologies, systems, structures and architectures (and related processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods and concepts information) of Seller and any other information, however documented, of Seller that is a trade secret within under the meaning laws of the Uniform Trade Secrets Act or under other applicable law; State of California; (bii) any and all information concerning the business Business and affairs of the Restaurants Seller (which includes without limitation historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, pricing information, the names and backgrounds of key personnel, contractors, agents, suppliers personnel and potential suppliers, personnel training and techniques and materials), purchasing methods and techniques and manuals)however documented; and and (ciii) any and all notes, analyses, compilations, studies, summaries and other material prepared by or for Seller containing or based, in whole or in part, upon on any information included in the foregoing. Seller acknowledges that . (ab) Buyer Purchaser has required that Seller make the covenants set forth in Sections 3 9.2 and 4 of this Agreement 9.3 as a condition to Buyer’s purchase Purchaser's acquisition of the Assets of the Pittsburgh Restaurant; Acquired Assets; (bc) the provisions of Sections 3 Section 9.2 and 4 of this Agreement 9.3 are reasonable and necessary to protect and preserve Buyer’s interests in and right to the use and operation of the Assets of the Pittsburgh Restaurant from and after Closing of the purchase of the Assets of the Pittsburgh RestaurantBusiness; and and (cd) Buyer Purchaser would be irreparably damaged if Seller were to breach the covenants set forth in Sections 3 9.2 and 4 of this Agreement9.3.

ACKNOWLEDGMENTS BY SELLER. Seller acknowledges that Seller has had access to and has become familiar with the following, any and all of which constitute confidential information of Seller (collectively the “Confidential Information”): (a) any and all trade secrets concerning the business and affairs of Seller, methods, recipes and ingredient lists, menus, techniques, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, market studies, business plans, computer software and programs (including object code and source code), database technologies, systems, devices, know-how, discoveries, and concepts of Seller and any other information, however documented, of Seller that is a trade secret within the meaning of the Uniform Trade Secrets Act or under other applicable law; (b) any and all information concerning the business of the Restaurants (which includes without limitation historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers and potential suppliers, personnel training and techniques and materials, purchasing methods and techniques and manuals); and (c) any and all notes, analyses, compilations, studies, summaries and other material prepared by or for Seller containing or based, in whole or in part, upon any information included in the foregoing. Seller acknowledges that (a) Buyer has required that Seller make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Buyer’s purchase of the Assets of the Pittsburgh Annapolis Restaurant; (b) the provisions of Sections 3 and 4 of this Agreement are reasonable and necessary to protect and preserve Buyer’s interests in and right to the use and operation of the Assets of the Pittsburgh Annapolis Restaurant from and after Closing of the purchase of the Assets of the Pittsburgh Annapolis Restaurant; and (c) Buyer would be irreparably damaged if Seller were to breach the covenants set forth in Sections 3 and 4 of this Agreement.

ACKNOWLEDGMENTS BY SELLER. Seller acknowledges that Seller has had access to and has become familiar with the following, any and all of which constitute confidential information of Seller (collectively the “Confidential Information”): (a) any and all trade secrets concerning the business and affairs of Seller, methods, recipes and ingredient lists, menus, techniques, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, market studies, business plans, computer software and programs (including object code and source code), database technologies, systems, devices, know-how, discoveries, and concepts of Seller and any other information, however documented, of Seller that is a trade secret within the meaning of the Uniform Trade Secrets Act or under other applicable law; (b) any and all information concerning the business of the Restaurants (which includes without limitation historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers and potential suppliers, personnel training and techniques and materials, purchasing methods and techniques and manuals); and (c) any and all notes, analyses, compilations, studies, summaries and other material prepared by or for Seller containing or based, in whole or in part, upon any information included in the foregoing. Seller acknowledges that (a) Buyer has required that Seller make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Buyer’s purchase of the Assets of the Pittsburgh Indy Restaurant; (b) the provisions of Sections 3 and 4 of this Agreement are reasonable and necessary to protect and preserve Buyer’s interests in and right to the use and operation of the Assets of the Pittsburgh Indy Restaurant from and after Closing of the purchase of the Assets of the Pittsburgh Indy Restaurant; and (c) Buyer would be irreparably damaged if Seller were to breach the covenants set forth in Sections 3 and 4 of this Agreement.