Common use of CONFIDENTIALITY; NO PUBLIC DISCLOSURE Clause in Contracts

CONFIDENTIALITY; NO PUBLIC DISCLOSURE. (A) Subject to the provisions of this Section 30, any due diligence materials made available to Purchaser (by any means of transmission or delivery) will be treated by Purchaser as confidential information of Seller and used by Purchaser solely for the purpose of evaluating the Property and must be returned immediately upon request to Seller if and when Purchaser terminates this Agreement. (B) Except as may be required in order to comply with a court order or a governmental requirement, neither Purchaser nor Seller shall publicly disclose by written press release, public announcement or otherwise, the financial terms of this transaction without the prior written approval of the other party, provided, however, that, notwithstanding the foregoing, (i) either party shall be permitted to disclose the financial terms of the transaction to any of its attorneys, accountants, agents, consultants, advisors, investors and/or lenders who have agreed to keep such information confidential, (ii) following the Closing, Purchaser may disclose any such financial materials and any information related to the transactions contemplated here by or the Property to any party if and to the extent Purchaser determines in its good faith discretion that such disclosure is beneficial to the pursuit of the business objectives of Purchaser, and nothing contained herein shall prohibit either party from making any public announcement (including, without limitation, placing a notice on a website of such party and/or an affiliate thereof) or issuing any written press release to announce the occurrence of Closing and the purchase of the Property by Purchaser. (C) Notwithstanding the foregoing and anything to the contrary in this Agreement, nothing contained herein shall impair Seller’s right to disclose information relating to this Agreement or any Property (i) to any due diligence representatives and/or consultants that are engaged by, work for or are acting on behalf of, any securities dealers and/or broker dealers evaluating Seller, (ii) in connection with any filings (including any amendment or supplement to any S-11 filing) with governmental agencies (including the SEC) by any REIT holding, or that is considering holding, an interest (direct or indirect) in Seller, and (iii) to any broker/dealers in the Seller’s or any REIT’s broker/dealer network and any of the REIT’s or Seller’s investors. (D) The provisions of this Section 30 shall survive Closing or earlier termination of this Agreement.

CONFIDENTIALITY; NO PUBLIC DISCLOSURE. (Aa) Subject Between the date of this Agreement and the Closing Date, Buyer and Seller will maintain in confidence, and will cause the directors, officers, employees, agents, and advisors of Buyer and Seller to maintain in confidence, and not use to the provisions detriment of another party or an Acquired Company any written, or other information obtained in confidence from another party or an Acquired Company in connection with this Section 30Agreement or the Contemplated Transactions, unless (i) such information is already known to such party or to others not bound by a duty of confidentiality or such information becomes publicly available through no fault of such party, (ii) the use of such information is necessary or appropriate in making any due diligence materials made available to Purchaser (by filing or obtaining any means of transmission consent or delivery) will be treated by Purchaser as confidential information of Seller and used by Purchaser solely approval required for the purpose consummation of evaluating the Property and must be returned immediately upon request to Seller if and when Purchaser terminates this AgreementContemplated Transactions, or (iii) the furnishing or use of such information is required by legal proceedings. (Bb) Except If the Contemplated Transactions are not consummated, each party will return or destroy as much of such written information described above in Section 12.13(a) as the other party may be required in order to comply with a court order or a governmental requirement, neither Purchaser reasonably request. (c) Neither Buyer nor Seller shall publicly disclose by written issue any press release, release or make any public announcement or otherwise, relating to the financial terms of this transaction Contemplated Transactions prior to the Closing without the prior written approval of the other party, ; provided, however, thatthat either Buyer or Seller may make any public disclosure that it believes is required by applicable law. In the event that either party determines that an announcement is required by law, notwithstanding the foregoing, it will promptly: (i) either notify the other party shall be permitted to disclose the financial terms of the transaction to any of its attorneys, accountants, agents, consultants, advisors, investors and/or lenders who have agreed to keep in writing that it has made such information confidential, a determination; (ii) following provide the Closing, Purchaser may disclose any other party with a written draft of the form of such financial materials announcement; (iii) notify the other party of the proposed timing of such announcement; and any information related allow the other party the opportunity to the transactions contemplated here by or the Property to any make a similar contemporaneous public announcement. The party if and to the extent Purchaser determines in its good faith discretion that has determined that such disclosure an announcement is beneficial to the pursuit of the business objectives of Purchaser, and nothing contained herein shall prohibit either party from making any public announcement (including, without limitation, placing a notice on a website of such party and/or an affiliate thereof) or issuing any written press release to announce the occurrence of Closing and the purchase of the Property required by Purchaser. (C) Notwithstanding the foregoing and anything to the contrary in this Agreement, nothing contained herein shall impair Seller’s right to disclose information relating to this Agreement or any Property law will complete actions (i) to any due diligence representatives and/or consultants that are engaged by, work for or are acting on behalf of, any securities dealers and/or broker dealers evaluating Seller, (ii) in connection with any filings (including any amendment or supplement to any S-11 filing) with governmental agencies (including the SEC) by any REIT holding, or that is considering holding, an interest (direct or indirect) in Seller, and - (iii) as soon as reasonably practicable and prior to any broker/dealers in the Seller’s or any REIT’s broker/dealer network and any making of the REIT’s or Seller’s investorssuch public announcement. (D) The provisions of this Section 30 shall survive Closing or earlier termination of this Agreement.

CONFIDENTIALITY; NO PUBLIC DISCLOSURE. RFR Property Address: 00000 Xxxxx Xxxxxxxxx Xxx., Xxxx Xxxxx, FL RFR Property No: 3339 (A) Subject to the provisions of this Section 30, any due diligence materials made available to Purchaser (by any means of transmission or delivery) will be treated by Purchaser as confidential information of Seller and used by Purchaser solely for the purpose of evaluating the Property and must be returned immediately upon request to Seller if and when Purchaser terminates this Agreement. (B) Except as may be required in order to comply with a court order or a governmental requirement, neither Purchaser nor Seller shall publicly disclose by written press release, public announcement or otherwise, the financial terms of this transaction without the prior written approval of the other party, provided, however, that, notwithstanding the foregoing, (i) either party shall be permitted to disclose the financial terms of the transaction to any of its attorneys, accountants, agents, consultants, advisors, investors and/or lenders who have agreed to keep such information confidential, (ii) following the Closing, Purchaser may disclose any such financial materials and any information related to the transactions contemplated here by or the Property to any party if and to the extent Purchaser determines in its good faith discretion that such disclosure is beneficial to the pursuit of the business objectives of Purchaser, and nothing contained herein shall prohibit either party from making any public announcement (including, without limitation, placing a notice on a website of such party and/or an affiliate thereof) or issuing any written press release to announce the occurrence of Closing and the purchase of the Property by Purchaser. (C) Notwithstanding the foregoing and anything to the contrary in this Agreement, nothing contained herein shall impair Seller’s right to disclose information relating to this Agreement or any Property (i) to any due diligence representatives and/or consultants that are engaged by, work for or are acting on behalf of, any securities dealers and/or broker dealers evaluating Seller, (ii) in connection with any filings (including any amendment or supplement to any S-11 filing) with governmental agencies (including the SEC) by any REIT holding, or that is considering holding, an interest (direct or indirect) in Seller, and (iii) to any broker/dealers in the Seller’s or any REIT’s broker/dealer network and any of the REIT’s or Seller’s investors. (D) The provisions of this Section 30 shall survive Closing or earlier termination of this Agreement.