Confidentiality and Public Statements. The Parties agree that any confidential, proprietary, know-how or trade secret information of any Party in any form (including commercial terms, commissions and fees and any other commercial terms disclosed through this Agreement or Decolar’s API) that is designated as “confidential” or that a reasonable person knows or reasonably should understand to be confidential (“Confidential Information”) will only be used as specifically permitted by the terms and conditions of this Agreement. Without the express written consent of the Party whose Confidential Information will be disclosed, during and after the Term, no Party will disclose or allow the disclosure of any Confidential Information of another Party to any third party, except that a Party may disclose Confidential Information to its employees, directors, agents, independent contractors and consultants on a need-to-know basis, provided that said Party has executed appropriate written agreements with each such individual or entity sufficient to enable compliance with all the provisions of this Section E.7.a. For the avoidance of doubt, “Confidential Information” includes, but is not limited to, information (i) provided by an End User in connection with any Standalone Booking, Package Booking or Opaque Booking, or (ii) provided by Expedia or any of its Affiliates, or otherwise obtained by Supplier, in connection with this Agreement, including without limitation, the terms and conditions of this Agreement. “Confidential Information” does not include any information that (A) becomes publicly available without the receiving Party’s breach of any obligation owed to the disclosing Party, (B) was known to the receiving Party prior to the disclosing Party’s disclosure of such information, (C) became known to the receiving Party from a source other than the disclosing Party where such source did not breach an obligation of confidentiality owed to the disclosing Party, or (D) is independently developed by the receiving Party. A Party may disclose another Party’s Confidential Information if required to do so to comply with a court order or other Governmental Authority demand that has the force of law; provided, that prior to disclosure, the disclosing Party must seek the highest level of protection available and provide the other Party with reasonable notice to seek a protective order. All Confidential Information will remain the exclusive property of the disclosing Party. No Party shall issue or participate in any ...
Confidentiality and Public Statements. The proceedings of each meeting of the JMC will be regarded as confidential by the participants, in order to permit free and candid discussion. However, the holding of JMC meetings may be made known publicly, and there may be occasions on which the Committee will wish to issue a public statement on the outcome of its discussions. A communiqué to be agreed between the participating ministers will usually be issued following each JMC plenary.
Confidentiality and Public Statements. (a) Except as otherwise provided in this Section 19, the terms and conditions of this Agreement, and all data, reports, records, property, cargo and other information of any kind whatsoever contributed, developed or acquired by any Party in connection with the Project or the Joint Venture shall be used solely for purposes of this Joint Venture and shall be treated by the Joint Venture Partners as confidential (hereinafter referred to as “Confidential Information”) and no Party shall reveal or otherwise disclose such Confidential Information to third parties without prior written consent of the other Parties. Confidential Information shall include, but not be limited to, archival research data, navigation/location data, survey/sonar data, lists of potential shipwrecks and cargo, compilations of shipwreck databases, potential, terminated and on-going salvage operations, survey and/or recovery contracts, search methodologies, images (including but not limited to still photography, motion pictures, drawing, paintings, recreations and/or models, in all format and media) of shipwrecks and/or cargo, insurance claim information, witness statements relating to shipwrecks or cargo, and any other information that a party would reasonably conclude is confidential or proprietary.
(b) The foregoing restrictions shall not apply to the disclosure of Confidential Information by a Party to any of its affiliates, and to employees and consultants of such Party; provided, however, that in any such case, only such Confidential Information as such third party shall have a legitimate business need to know shall be disclosed and the person or company to whom disclosure is made shall first undertake in writing to protect the confidential nature of such Confidential Information at least to the same extent as the Joint Venture Partners are obligated under this Section 19.
(c) The foregoing restrictions shall not apply to information that (i) at the time of its disclosure is, or thereafter becomes, generally available to the public other than as a result of a disclosure by a Party or any of its affiliates in violation of this Agreement, (ii) was known by or available to the Party receiving such information or its affiliates on a non-confidential basis prior to its disclosure to such Party pursuant to this Agreement (provided that the source of such information was not known by such Party or its affiliates to be then bound by a confidentiality agreement or other obligation of confident...
Confidentiality and Public Statements. 6.1 Any information or data obtained in connection with the performance of this Agreement is confidential and neither Golden Star nor BHP shall make any public statement concerning this Agreement or the activities contemplated thereunder without the prior consent of the other Party, which consent shall not be withheld to the extent the disclosure is required by law or stock exchange rule. The Manager shall be the spokesperson for the Joint Venture.
Confidentiality and Public Statements. 1. Participating States shall respect the confidentiality of any confidential information becoming available to them in connection with assistance requested in the event of a disaster. Such information shall be used exclusively for the purpose of the assistance agreed upon.
2. The sending State shall use its best endeavours to coordinate with the requesting State before releasing information to the public on the assistance provided in connection with a disaster.
Confidentiality and Public Statements. 19 10.1. Except as otherwise agreed by Class Counsel and Defendants’ Counsel in writing 20 and/or as required by legal disclosure obligations, all terms of this Agreement will remain 21 confidential and subject to Rule 408 of the Federal Rules of Evidence until presented to the 22 Court along with Plaintiff’s motion for preliminary approval.
23 10.2. The Parties agree that, aside from communications to the Court or Settlement 24 Class Members and Notices prescribed in this Agreement, and to the extent consistent with Class 25 Counsels’ duties to the Class, neither Party shall make any public statement concerning the 26 Action or the Settlement other than to note that a settlement has been reached and to describe the 27 terms of the Settlement without any further characterization, absent consent of the other Parties.
1 For the avoidance of doubt, nothing about this agreement shall interfere or shall be construed to 2 interfere with Class Counsels’ duties to the Class. .
Confidentiality and Public Statements. The terms and conditions of this Agreement shall remain confidential, and all general notices, releases, statements and communications to employees, suppliers, distributors and customers of the Subsidiaries or Purchaser and to the general public and the press relating to the transactions covered by this Agreement shall be made only at such times and in such manner as may be mutually agreed upon by Purchaser and Sellers. Any and all information, disclosures, knowledge or facts regarding the Sellers and the Subsidiaries, its business and its operation and properties, derived from or resulting from the Purchaser’s Acquisition Review or otherwise obtained by the Purchaser pursuant to or in connection with this Agreement shall be confidential and shall not be divulged, disclosed or communicated to any other person, firm, corporation or entity, except as required by law and except to the officers, directors, employees, agents, attorneys, financial advisors and accountants of Purchaser, its lenders and other potential financing sources for the purpose only of evaluating, financing and consummating the Contemplated Transactions, who shall be bound by the confidentiality restrictions, and the Purchaser shall be responsible for any breach of confidentiality by any such person or representative. Notwithstanding the foregoing, the following information shall not be confidential: (a) information that is known to the receiving party prior to disclosure by the disclosing party; (b) information that is, at the time of disclosure by the disclosing party or at any time thereafter becomes, public through no fault of the receiving party; (c) information that is received by the receiving party from a third party under no obligation or confidence, express or implied, to the disclosing party; or (d) information that is required to be disclosed by operation of law. If this Agreement terminates before Closing, the Purchaser shall return promptly any information obtained regarding the Sellers, the Subsidiaries, its business and its operations and properties and the Purchaser shall instruct its representatives also to return any such information regarding the Sellers, the Subsidiaries, its business and its operations and properties. In addition, the Purchaser’s confidentiality obligations outlined hereunder shall survive termination of this Agreement.
Confidentiality and Public Statements. The existence of the LOI, the NDA, and/or the Definitive Agreement, and the terms and provisions of each, shall be considered “Proprietary Information” within the meaning of the NDA for the term of the NDA. During the period beginning as of the Effective Date and ending on the fifth (5th) anniversary of the Effective Date, neither ISS nor MAKO shall make any public statement or disclosure concerning the LOI, the NDA, and/or the Definitive Agreement, and/or the terms and provisions of each except (a) with the written consent of the other Party, (b) to a Party bound by a covenant of confidentiality, or (c) as required by law.
Confidentiality and Public Statements. DPSU and TCCC agree that the commercial terms related to the MLA and Freestyle Participation Agreement will be kept strictly confidential. DPSU and TCCC will discuss and agree in advance on all public announcements related to this letter agreement; provided that either party may make such disclosures as they are advised in writing by legal counsel are required by law or applicable stock exchange rules, in which case DPSU and TCCC will cooperate to the extent feasible.
Confidentiality and Public Statements.
1. Other than responses to inquiries from governmental entities or as necessary to comply with federal, state, or local laws or to comply with the terms of this Agreement, no Party shall make any Public Statement regarding this Agreement until the Court grants the Preliminary Approval Order.
2. Unless and until all Parties execute this Agreement and present it to the Court in a motion seeking the Preliminary Approval Order, the Parties agree that all terms of this Agreement will remain confidential and subject to Rule 408 of the Federal Rules of Evidence.
3. The parties agree that Navient and Navient’s counsel, on the one hand, and Plaintiffs, Class Counsel, and AFT, on the other hand, will not make Public Statements about this Agreement without express prior written approval by the other side of the content of the statement, including in advance of the public announcement of any settlement; provided, however, that each of the foregoing may respond to queries, following the Court’s Preliminary Approval Order, about the Agreement without further approval from the other side if the response is consistent with the pre-approved Public Statements for that side, as described in Paragraph XIII.4 below.
4. Following the Court’s grant of the Preliminary Approval Order, AFT may make a Public Statement in the form agreed to by the Parties on April 23, 2020 at 5:27 pm EST. Navient may make a Public Statement in the form agreed to by the Parties on April 24, 2020 at 5:59 pm EST. Class Counsel may make a Public Statement in the form agreed to by the Parties on April 24, 2020 at 5:59 pm EST.
5. All proprietary or confidential documents or information that have been previously provided to the Parties, as of the Effective Date of this Agreement, including under the Stipulated Confidentiality Agreement and Protective Order (Dkt. 38), shall be returned to the producing party or, upon permission of the producing party, destroyed, as provided for in that Order, with certification of the destruction to be provided to the producing party within sixty (60) days of the Effective Date.
