Common use of Confidential Treatment of Information Clause in Contracts

Confidential Treatment of Information. Each of the Members agrees, and shall cause each of its Affiliates (i) not to disclose any material information concerning the Company or its business to the press or the general public without the approval of the other Member, such approval not to be unreasonably withheld or delayed and (ii) to retain in strict confidence any proprietary confidential information and trade secrets of the other Member, whether disclosed prior to or after the date hereof, and not to use or disclose to Persons other than the Member or its Affiliates (“third parties”), and to use its best efforts to cause its employees, agents and consultants not to use or disclose to third parties, such proprietary confidential information or trade secrets without the approval of the other Member, unless in either case it can be established by the disclosing party that such information: (a) at the time of disclosure is part of the public domain and readily accessible to the public or such third party; (b) at the time of disclosure is already known by the receiving party otherwise than pursuant to a breach of an obligation of confidentiality; (c) is required by applicable law, regulation or court order to be disclosed; or (d) is required by any vendor, supplier or consultant in order to carry out the business of the Company, provided that the disclosing Member shall obtain the written agreement and obligation of such third party, in a form reasonably satisfactory to the other Member, prior to disclosing such information, that all of the provisions of this Article 8 shall apply with equal effect to such third party. The Company shall be a third party beneficiary of any such written agreement.

Confidential Treatment of Information. Each of the Members Venturers agrees, and shall cause each of its Affiliates (i) not to disclose any material information concerning the Company Joint Venture or its business to the press or the general public without the approval of the other MemberVenturer, such approval not to be unreasonably withheld or delayed and (ii) to retain in strict confidence any proprietary confidential information and trade secrets of the other MemberVenturer, whether disclosed prior to or after the date hereof, and not to use or disclose to Persons persons other than the Member Venturer or its Affiliates (“"third parties”"), and to use its best efforts to cause its employees, agents and consultants not to use or disclose to third parties, such proprietary confidential information or trade secrets without the approval of the other MemberVenturer, unless in either case it can be established by the disclosing party that such information: (a) at the time of disclosure is part of the public domain and readily accessible to the public or such third party; (b) at the time of disclosure is already known by the receiving party otherwise than pursuant to a breach of an obligation of confidentiality; (c) is required by applicable law, regulation or court order to be disclosed; or (d) is required by any vendor, supplier or consultant in order to carry out the business of the CompanyJoint Venture, provided that the disclosing Member Venturer shall obtain the written agreement and obligation of such third party, in a form reasonably satisfactory to the other MemberVenturer, prior to disclosing such information, that all of the provisions of this Article 8 shall apply with equal effect to such third party. The Company Joint Venture shall be a third third-party beneficiary of any such written agreement.

Confidential Treatment of Information. Each of the Members agrees, and shall cause each of its Affiliates (i) not to disclose any material information concerning the Company or its business to the press or the general public without the approval of the other Member, such approval not to be unreasonably withheld or delayed and (ii) to retain in strict confidence any proprietary confidential information and trade secrets of the other Member, whether disclosed prior to or after the date hereof, and not to use or disclose to Persons persons other than the Member or its Affiliates (“third parties”), and to use its best efforts to cause its employees, agents and consultants not to use or disclose to third parties, such proprietary confidential information or trade secrets without the approval of the other Member, unless in either case it can be established by the disclosing party that such information: (a) at the time of disclosure is part of the public domain and readily accessible to the public or such third party; (b) at the time of disclosure is already known by the receiving party otherwise than pursuant to a breach of an obligation of confidentiality; (c) is required by applicable law, regulation or court order to be disclosed; or (d) is required by any vendor, supplier or consultant in order to carry out the business of the Company, provided that the disclosing Member shall obtain the written agreement and obligation of such third party, in a form reasonably satisfactory to the other Member, prior to disclosing such information, that all of the provisions of this Article 8 shall apply with equal effect to such third party. The Company shall be a third party beneficiary of any such written agreement.