Common use of Acknowledgments by the Parties Clause in Contracts

Acknowledgments by the Parties. (1) Each of the Parties acknowledges that: (a) the covenants in this Section 8 are a condition to each Party entering into this Agreement; (b) during the Term and as a part of each Party’s performance as contemplated hereunder, the Parties will be afforded access to Confidential Information; (c) unauthorized disclosure of such Confidential Information could have an adverse effect on the Parties and their respective businesses; and (d) the provisions of this Section 8 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information. (2) Each Party is permitted to disclose information as required by law (e.g. information that is required to be disclosed pursuant to binding rules and regulations of the United States Securities and Exchange Commission); provided, however, that in any event that ARI or any of its representatives becomes legally compelled to disclose any such information or documents as referred to in this Section 8(a)(2), ARI shall provide Manufacturer with prompt written notice before such disclosure, to the extent legally permissible and feasible, sufficient to enable Manufacturer either to seek a protective order, at its expense, or other appropriate remedy preventing or prohibiting such disclosure or to waive compliance with the provisions of this Section 8 or both.

Appears in 2 contracts

Samples: Purchasing and Engineering Services Agreement and License, Purchasing and Engineering Services Agreement and License (American Railcar Industries, Inc.)

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Acknowledgments by the Parties. (1) Each of the Parties acknowledges that: (a) the covenants in this Section 8 are a condition to each Party entering into this Agreement; (b) during the Term and as a part of each Party’s 's performance as contemplated hereunder, the Parties will be afforded access to Confidential Information; (c) unauthorized disclosure of such Confidential Information could have an adverse effect on the Parties and their respective businesses; and (d) the provisions of this Section 8 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information. (2) Each Party is permitted to disclose information any Confidential Information as required by law (e.g. information that is required to be disclosed pursuant to binding rules and regulations of the United States Securities and Exchange Commission)law; provided, however, that in any event that ARI a Party or any of its representatives becomes legally compelled to disclose any such information or documents as referred to in this Section 8(a)(2)information, ARI such Party shall provide Manufacturer the other Party with prompt written notice before such disclosure, to the extent legally permissible and feasible, sufficient to enable Manufacturer the Party whose information is so required to be disclosed to either to seek a protective order, at its expense, or other appropriate remedy preventing or prohibiting such disclosure or to waive compliance with the provisions of this Section 8 or both; provided, further, however, that no such notice will be required to be given by ARI to Manufacture with respect to any Confidential Information that is required to be disclosed pursuant to binding rules and regulations of the United States Securities and Exchange Commission.

Appears in 1 contract

Samples: Repair Services and Support Agreement (American Railcar Industries, Inc.)

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Acknowledgments by the Parties. (1) Each of the Parties acknowledges that: (a) the covenants in this Section 8 are a condition to each Party entering into this Agreement; (b) during the Term and as a part of each Party’s 's performance as contemplated hereunder, the Parties will be afforded access to Confidential Information; (c) unauthorized disclosure of such Confidential Information could have an adverse effect on the Parties and their respective businesses; and (d) the provisions of this Section 8 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information. (2) Each Party is permitted to disclose information any Confidential Information as required by law (e.g. information that is required to be disclosed pursuant to binding rules and regulations of the United States Securities and Exchange Commission)law; provided, however, that in any event that ARI a Party or any of its representatives becomes legally compelled to disclose any such information or documents as referred to in this Section 8(a)(2)information, ARI such Party shall provide Manufacturer the other Party with prompt written notice before such disclosure, to the extent legally permissible and feasible, sufficient to enable Manufacturer the Party whose information is so required to be disclosed to either to seek a protective order, at its expense, or other appropriate remedy preventing or prohibiting such disclosure or to waive compliance with the provisions of this Section 8 or both; provided, further, however, that no such notice will be required to be given by ARI to Manufacturer with respect to any Confidential Information that is required to be disclosed pursuant to binding rules and regulations of the United States Securities and Exchange Commission.

Appears in 1 contract

Samples: Parts Purchasing and Sale Agreement (American Railcar Industries, Inc.)

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