Common use of Acquired Confidential Information Clause in Contracts

Acquired Confidential Information. Except for marketing and sales information which has been publicly disseminated to Seller's prospective customers of the Fibre Channel Products prior to the Closing Date, all copies of financial information, pricing, financial projections, customer lists, methodologies, inventions, software, know-how, product designs, product specifications and drawings, and other confidential and/or proprietary information which constitutes or is constituted in the Purchased Assets (collectively, "Acquired Confidential Information") will be maintained by Seller in confidence at all times after the Effective Date of this Agreement in the same manner and to the same extent that Seller, acting reasonably, maintains Seller's Confidential Information in confidence. At all times following the Closing, Seller will: (i) continue to hold all Acquired Confidential Information which constitutes or is constituted in Purchased Assets in strict confidence, (ii) will not use for itself or third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased Assets, (iii) will not disclose to third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased Assets, and (iv) upon Purchaser's request, promptly destroy or deliver to Purchaser any Acquired Confidential Information which constitutes or is constituted in Purchased Assets in Seller's possession or control; except that Seller may internally use the original copies of any business records containing Acquired Confidential Information solely to prepare and file tax returns and prepare Seller's financial statements, and Seller may disclose any Acquired Confidential Information (except trade secrets) as may be required to comply with requests from all governmental agencies, including without limitation the Securities and Exchange Commission. It is agreed that Acquired Confidential Information will not include information that is now, or later becomes, part of the general public knowledge or literature in the art, other than as a result of a breach of this Agreement or the Existing Confidentiality Agreement by Seller.

Acquired Confidential Information. Except for marketing and sales information which has been publicly disseminated to SellerAdaptec's prospective customers of for the Fibre Channel Products ESS Business prior to the Closing DateEffective Date in the ordinary course of business consistent with past business practice, all copies of financial information, pricing, financial projections, customer lists, methodologies, inventions, software, know-how, product designs, product specifications and drawings, and other confidential and/or proprietary information which constitutes or is constituted in the Purchased Assigned Assets or the Licensed Assets (collectively, "Acquired Confidential InformationACQUIRED CONFIDENTIAL INFORMATION") will be maintained by Seller Adaptec in confidence at all times after the Effective Date of this Agreement in the same manner and to the same extent that SellerAdaptec, acting reasonably, maintains SellerAdaptec's Confidential Information in confidence. At all times following the Closing, Seller Adaptec will: (i) continue to hold all Acquired Confidential Information which constitutes or is constituted in Purchased Assigned Assets in strict confidence, (ii) will not use for itself or third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased AssetsAssigned Assets to any third party, (iii) will not disclose to third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased AssetsAssigned Assets to any third party, and (iv) upon PurchaserChaparral's request, promptly destroy or deliver to Purchaser Chaparral any Acquired Confidential Information which constitutes or is constituted in Purchased Assigned Assets in SellerAdaptec's possession or control; except that Seller Adaptec may internally use the original copies of any business records containing Acquired Confidential Information all Business Records solely to prepare and file tax Tax returns and prepare SellerAdaptec's financial statements, and Seller Adaptec may disclose any Acquired Confidential Information (except trade secrets) as may be required to comply with requests from all governmental agencies, including without limitation the Securities and Exchange CommissionSEC. It is agreed that Acquired Confidential Information will not include information that is now, or later becomes, part of the general public knowledge or literature in the art, other than as a result of a breach of this Agreement or the Existing Confidentiality Agreement by SellerAdaptec.

Acquired Confidential Information. Except for marketing and sales information which has been publicly disseminated to Seller's prospective customers of for the Fibre Channel Storage Products Business prior to the Closing DateEffective Date in the ordinary course of business consistent with past business practice, all copies of financial information, marketing and sales information, pricing, marketing plans, business plans, financial and business projections, customer lists, methodologies, inventions, software, know-how, product designs, product specifications and drawings, and other confidential and/or proprietary information which constitutes or is constituted in the Purchased Assets (collectively, "Acquired Confidential InformationACQUIRED CONFIDENTIAL INFORMATION") will be maintained by Seller in confidence at all times after the Effective Date of this Agreement in the same manner and to the same extent that Seller, acting reasonably, maintains Seller's Confidential Information in confidence. At all times following the Closing, Seller will: (i) continue to hold all Acquired Confidential Information which constitutes or is constituted in Purchased Assets in strict confidence, (ii) will not use for itself or third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased AssetsAssets to any third party, (iii) will not disclose to third parties any of Acquired Confidential Information which constitutes or is constituted in Purchased AssetsAssets to any third party, and (iv) upon Purchaser's or Sub's request, promptly destroy or deliver to Purchaser and/or Sub any Acquired Confidential Information which constitutes or is constituted in Purchased Assets in Seller's possession or control; except that Seller may internally use the original copies of any business records containing Acquired Confidential Information all Business Records solely to prepare and file tax Tax returns and prepare Seller's financial statements, and Seller may disclose any Acquired Confidential Information (except trade secrets) as may be required to comply with requests from all governmental agencies, including without limitation the Securities SEC; provided that Seller must provide Purchaser with prior written notice of any proposed disclosure to government agencies and Exchange Commissionwith respect to the SEC, an opportunity to seek confidential treatment of such proposed disclosure. It is agreed that Acquired Confidential Information will not include information that is now, or later becomes, part of the general public knowledge or literature in the art, other than as a result of a breach of this Agreement or the Existing Confidentiality Agreement by Seller.