Common use of Confidentiality and Use of Name Clause in Contracts

Confidentiality and Use of Name. (A) The provisions of this Section 9 will be effective as of the Effective Date and remain in full force and effect for a period which will be the longer of (i) one (1) year following the Effective Date, or (ii) one (1) year from the termination or expiration of all Services provided to Customer by Mosaic hereunder. (B) The parties hereby acknowledge that in the course of the business relationship between them, either party may acquire information regarding the other or its affiliates, its business activities and operations or those of its customers and suppliers and its trade secrets, including, without limitation, the terms of this Agreement to the extent such terms are not posted for publication on the world wide web (i.e., any non-published terms executing in writing between the parties regarding the Service), their respective customer lists, prospective customers, rates, network configuration, traffic volume, financial information, computer software, service, processes, methods, knowledge, research, development or other information of a confidential and proprietary nature (hereinafter “Confidential Information”). Each party shall hold the Confidential Information in strict confidence and shall not reveal the Confidential Information, or any portion thereof. The foregoing obligations regarding disclosure of Confidential Information shall not apply, however, to any part of the Confidential Information which: (a) was already in the public domain or which becomes so through no fault of the receiving party; (b) was already known or independently developed by the receiving party; (c) is expressly approved for release by written authorization of the disclosing party; or (d) is disclosed pursuant to any judicial or governmental request, requirement or order provided, however, that the receiving party only makes disclosure to the extent required and prior to making such disclosure, takes all reasonable steps to provide prompt and sufficient notice to the disclosing party, so that the disclosing party may contest such request, requirement or order. (C) Each party agrees not to use the name, service marks or trademarks of the other party, or of any of its affiliated companies, in any advertising, publicity releases or sales presentations, without the other party’s written consent and not to take any actions which will in any manner compromise the registered trademarks and/or service marks of the other party or its affiliates. (D) The parties acknowledge that the breach or attempted breach by a party (including its agents or employees) of the provisions of this Section 9, will cause irreparable damage to the other party and the parties agree that the party seeking to enforce its rights under this Section 9 shall be entitled, in additional to all other remedies, to seek injunctive relief in any court of competent jurisdiction to enjoin and restrain the disclosure of Confidential Information and/or unauthorized use or a party's name, and any others so engaged, from violating any of the provisions of this Section 9, without having to prove actual damages or post a bond.

Confidentiality and Use of Name. 11.1 Each Party agrees that a Party (Athe “Recipient”) The provisions of this Section 9 will be effective as receiving Confidential Information of the Effective Date other Party (the “Discloser”) shall (i) maintain in confidence such Confidential Information using not less than the efforts such Recipient uses to maintain in confidence its own proprietary information of similar kind and remain value, but in no event less than a reasonable degree of efforts; (ii) not disclose such Confidential Information to any Third Party without the prior written consent of the Discloser, except for disclosures expressly permitted below; and (iii) not use such Confidential Information for any purpose except those permitted by this Agreement. The obligations of non-disclosure and non-use under this Article 11.1 shall be in full force during the Term and effect for a period which of five (5) years thereafter. Each Party, upon the request of the other Party, will be return all copies of or destroy (and certify such destruction in writing) the longer Confidential Information disclosed or transferred to it by the other Party pursuant to this Agreement, within sixty (60) days of (i) one (1) year following the Effective Datesuch request or, or (ii) one (1) year from if earlier, the termination or expiration of all Services provided to Customer by Mosaic hereunderthis Agreement. (B) 11.2 The parties hereby acknowledge that obligations in the course of the business relationship between them, either party may acquire information regarding the other or its affiliates, its business activities and operations or those of its customers and suppliers and its trade secrets, including, without limitation, the terms of this Agreement to the extent such terms are not posted for publication on the world wide web (i.e., any non-published terms executing in writing between the parties regarding the Service), their respective customer lists, prospective customers, rates, network configuration, traffic volume, financial information, computer software, service, processes, methods, knowledge, research, development or other information of a confidential and proprietary nature (hereinafter “Confidential Information”). Each party shall hold the Confidential Information in strict confidence and Article 11.1 shall not reveal the Confidential Information, or apply to any portion thereof. The foregoing obligations regarding disclosure of Confidential Information shall not apply, however, to any part of the Confidential Information whichof the Discloser that the Recipient can show by competent written proof: (ai) was already is subsequently disclosed to the Recipient by a Third Party lawfully in possession thereof and without any obligation to keep it confidential or any restriction on its use; (ii) is published by a Third Party or otherwise becomes publicly available or enters the public domain domain, either before or which becomes so through no fault after it is disclosed to the Recipient, without any breach by the Recipient of the receiving partyits obligations hereunder; or (biii) was already known or is independently developed by or for the receiving party; (c) is expressly approved for release by written authorization of Recipient without reference to or reliance upon the disclosing party; or (d) is disclosed pursuant Discloser’s Confidential Information. 11.3 Notwithstanding Article 11.1 the Recipient may disclose Confidential Information belonging to any judicial or governmental request, requirement or order provided, however, that the receiving party only makes disclosure Discloser to the extent required (and prior to making such disclosure, takes all reasonable steps to provide prompt and sufficient notice only to the disclosing partyextent) such disclosure is reasonably necessary in the following instances: (i) complying with applicable laws and with judicial process, so if in the reasonable opinion of the Recipient’s counsel, such disclosure is necessary for such compliance; provided that Recipient timely notifies Discloser of Recipient’s intent with sufficient time to permit Discloser to challenge such a disclosure before the disclosing party may contest such request, requirement or order. court and (Cii) Each party agrees not to use the name, service marks or trademarks disclosure of the other party, or of Party’s Confidential Information to any of its affiliated companiesofficers, in any advertisingemployees, publicity releases consultants, or sales presentations, without the other party’s written consent agents if and not to take any actions which will in any manner compromise the registered trademarks and/or service marks of the other party or its affiliates. (D) The parties acknowledge that the breach or attempted breach by a party (including its agents or employees) of the provisions of this Section 9, will cause irreparable damage only to the other party and the parties agree that the party seeking extent necessary to enforce carry out its responsibilities or exercise its rights under this Section 9 shall be entitled, in additional Agreement; provided that each such disclosure under clause (ii) is bound by written confidentiality obligations to all other remedies, maintain the confidentiality thereof and not to seek injunctive relief in any court of competent jurisdiction to enjoin and restrain the disclosure of use such Confidential Information and/or unauthorized except as expressly permitted by this Agreement. 11.4 No provision of this Agreement grants ALSE, its Affiliates or any Sublicensee any right or license to use the name of NAVB or the names or identities of any employee of NAVB without the prior written consent of NAVB. ALSE and its Affiliates and Sublicensees may, however, factually disclose that they benefit from a license from NAVB, or a party's nameSublicense, under the Licensed Know-How and any others so engaged, from violating any of the provisions of this Section 9, without having to prove actual damages or post a bondLicensed Patents.

Confidentiality and Use of Name. (A) The provisions of this Section 9 will be effective as of the Effective Date and remain in full force and effect for a period which will be the longer of (i) one (1) year following the Effective Date, or (ii) one (1) year from the termination or expiration of all Services provided to Customer by Mosaic hereunder. (B) The parties hereby acknowledge that in the course of the business relationship between them, either party may acquire information regarding the other or its affiliates, its business activities and operations or those of its customers and suppliers and its trade secrets, including, without limitation, the terms of this Agreement to the extent such terms are not posted for publication on the world wide web (i.e., any non-published terms executing in writing between the parties regarding the Service), their respective customer lists, prospective customers, rates, network configuration, traffic volume, financial information, computer software, service, processes, methods, knowledge, research, development or other information of a confidential and proprietary nature (hereinafter “Confidential Information”). Each party shall hold the Confidential Information in strict confidence and shall not reveal the Confidential Information, or any portion thereof. The foregoing obligations regarding disclosure of Confidential Information shall not apply, however, to any part of the Confidential Information which: (a) was already in the public domain or which becomes so through no fault of the receiving party; (b) was already known or independently developed by the receiving party; (c) is expressly approved for release by written authorization of the disclosing party; or (d) is disclosed pursuant to any judicial or governmental request, requirement or order provided, however, that the receiving party only makes disclosure to the extent required and prior to making such disclosure, takes all reasonable steps to provide prompt and sufficient notice to the disclosing party, so that the disclosing party may contest such request, requirement or order. (C) Each party agrees not to use the name, service marks or trademarks of the other party, or of any of its affiliated companies, in any advertising, publicity releases or sales presentations, without the other party’s written consent and not to take any actions which will in any manner compromise the registered trademarks and/or service marks of the other party or its affiliates. (D) The parties acknowledge that the breach or attempted breach by a party (including its agents or employees) of the provisions of this Section 9, will cause irreparable damage to the other party and the parties agree that the party seeking to enforce its rights under this Section 9 shall be entitled, in additional to all other remedies, to seek injunctive relief in any court of competent jurisdiction to enjoin and restrain the disclosure of Confidential Information and/or unauthorized use or a party's ’s name, and any others so engaged, from violating any of the provisions of this Section 9, without having to prove actual damages or post a bond.