Confidential Information Publicity. (1) Contactor agrees to hold in confidence the following: 1) terms and conditions of this agreement, 2) all information disclosed to Contractor and 3) all information gained while providing services under this agreement. The Court owns the confidential information and the Court authorizes the Contractor to use it only for purposes of performing this agreement.
Confidential Information Publicity. Any confidential information obtained by any party hereto from any other shall not be disclosed or used by any such party should such transactions not be effected, and each party shall be bound by the terms and provisions of the Confidentiality Agreements (which shall remain in full force and effect) and return to the other all documents and written information obtained from such other party as such other party's counsel may request in writing. Except as in the reasonable opinion of counsel to a party, may be required by law, the parties agree that they will not make any public disclosure of the transactions contemplated by this Agreement, including announcements to employees, without the prior written approval of the content of such disclosure from each other, which approval will not be unreasonably withheld.
Confidential Information Publicity. (a) Confidential Information means information that is disclosed or made available by or on behalf of a Party hereto or its Affiliates ( collectively the “Disclosing Party”) to the other Party (together with its directors, officers, employees and authorized contractors, the “Receiving Party”) in connection with either Party’s performance of its obligations and duties or exercise of its rights pursuant to this Agreement. Confidential Information may be disclosed in written or other tangible form (including on magnetic media) or by oral, visual or other means.
Confidential Information Publicity. Each party acknowledges that (i) all information relating to the business and operations of the other party which it learns or has learned during or prior to the term of this Agreement, including all operation data pertaining to the Client's use of the access to the Network and the Services, including routing data and outage information, (ii) the terms and conditions of this Agreement and (iii) all information disclosed in or arising out of any dispute or arbitration between the parties, including the outcome thereof, is and will be the valuable, confidential and proprietary information of the disclosing party. The receiving party will maintain all confidential information disclosed hereunder by the disclosing party in confidence and will not disclose such information to any third party other than those of its employees, contractors, agents or representatives with a need to know such information; provided that each such employee or contractor must have executed a confidentiality agreement or be otherwise bound by the obligations of the receiving party hereunder. The receiving party will safeguard the confidential information with the same degree of care which it uses to protect its own confidential information. This Section will not apply to any information which (i) is already lawfully in the receiving party's possession (unless received pursuant to a nondisclosure agreement); (ii) is or becomes generally available to the public through no fault of the receiving party; (iii) is disclosed to the receiving party by a third party who may transfer or disclose such information without restriction; (iv) is required to be disclosed by the receiving party as a matter of law or judicial or governmental order; provided that the receiving party will use all reasonable efforts to provide the disclosing party with prior notice of such disclosure so that the disclosing party may seek a protective order therefor; and (v) is independently developed by the receiving party without any use of confidential information. Each party acknowledges that any breach of this Section by a receiving party will irreparably harm the disclosing party and on any such breach, the disclosing party shall be entitled to promptly seek injunctive relief in addition to any other remedies which it may have at law or in equity. Further to the foregoing, other than Client's right to identify iAsiaWorks to Client's users and customers as an Internet service provider providing Services, neither party ...
Confidential Information Publicity. (a) From the Closing Date until the second anniversary of the Closing Date, the Seller agrees that he shall, and shall cause each of his Affiliates to, hold and maintain all Confidential Information relating to the Business in his possession in strict confidence and not disclose to any Person or use any such information for any purpose; provided, however, that such restrictions shall not apply to (i) any information that becomes publicly available through no fault of the Seller or his Affiliates, or (ii) any disclosure required by applicable Law or any Governmental Authority, so long as notice of such disclosure is given to the Buyer prior to making such disclosure, and the Seller cooperates with the Buyer in using commercially reasonable efforts to resist such disclosure.
Confidential Information Publicity. 9.1 Both Parties recognize and acknowledge that each will have access to Confidential Information of the other in connection with this Agreement. Other than as necessary to perform their obligations under this Agreement, and except as otherwise permitted in this Section 9, both Parties shall, during and after the Term keep all Confidential Information of the Disclosing Party confidential and not disclose any such Confidential Information to any Third Party without the express written consent of the Disclosing Party; and not use any Confidential Information of the Disclosing Party for any purpose other than the performance of the Receiving Party’s obligations under this Agreement.
Confidential Information Publicity. The Parties acknowledge that the transaction described herein is of a confidential nature, and agree that the terms hereof, including the purchase price hereunder, shall be maintained in confidence. No Party shall issue any press release or, except as required by law or legal process, make any public statement regarding the transactions contemplated hereby or the purchase price hereunder without the prior approval of the other Parties.
Confidential Information Publicity. 6.1 PUBLICITY No party shall, at any time on or after the date hereof through the Closing Date, issue any publicity or written or oral statement, or otherwise disclose the existence of this Agreement or any of the. terms or conditions hereof, or disclose the contemplation, implementation or consummation of any of the transactions intended hereby (other than to its employees, attorneys, financial advisors and other agents and representatives, as necessary in order to negotiate, evaluate, approve and consummate the transactions hereunder), without the prior written consent of Terner (in the case of Noble, either individually or as Representative of Xx. Xxxxx, or the Trust) or Noble (in the case of Terner), except (i) as required by law, including as required of Terner by any applicable federal or state securities law (or agency's) disclosure requirements; (ii) as may be reasonably necessary in connection with any litigation or dispute arising out of this Agreement or any of the transactions contemplated hereunder; (iii) information contained in any such materials that was already in the disclosing party's possession prior to the date hereof; and (iv) information contained in any such materials that is or becomes generally available to the public other than as a result of a disclosure by a party hereto or its agents or employees in violation of this Section 6.1 ( collectively, the "Exceptions"). In the case of any written publicity or statement, the applicable party with the above right of consent shall have the right to approve in advance the specific language of any such writing, provided that such approval may not be unreasonably withheld in the event of occurrence of any of the Exceptions.
Confidential Information Publicity. The parties agree to continue to be bound by the terms and provisions of that certain Confidentiality and Non-Disclosure Agreement dated as of July 27, 2006 (the “Confidentiality Agreement”). The Confidentiality Agreement is hereby incorporated into this Agreement by reference and made a part of this Agreement and shall survive the execution of this Agreement notwithstanding the terms thereof. If a conflict arises between the provisions of this Agreement and the provisions of the Confidentiality Agreement, the provisions of the Confidentiality Agreement shall control. Except as otherwise required by law or applicable stock exchange rules, press releases and other publicity concerning this transaction shall be made only with the prior agreement of Seller and Licensees and Buyer (and in any event, the parties shall use all reasonable efforts to consult and agree with each other with respect to the content of any such required press release or other publicity). Except as otherwise required by law or applicable stock exchange rules, no such press releases or other publicity shall state the amount of the Purchase Price.
Confidential Information Publicity. The parties’ disclosures and activities in connection with this Agreement are subject to the confidentiality obligations in the Marketplace Agreement. This Agreement’s specific terms are “Confidential Information” as defined in the Marketplace Agreement. Each party will obtain the other party’s written consent (not to be unreasonably withheld or delayed) before making any press release or official public statement concerning this Agreement. Notwithstanding the preceding sentence, the parties agree that in order to facilitate a possible multi party engagement, Microsoft may share with its OEM, silicon and other channel partners, Partner’s name, prospective app titles, geography and regional availability, launch status and contact information, all as may be provided to Microsoft by Partner, in Partner’s discretion. The NDA’s terms will continue to apply pursuant to this Section 5 even if the NDA is terminated or expires.
