Common use of Confidentiality of Certain Information Clause in Contracts

Confidentiality of Certain Information. (a) The parties and their respective agents and employees shall hold and keep confidential all Information which is proprietary in nature and non- public or confidential, in whole or in part (the "Confidential Information") which any of them may receive from any other party concerning such other party. Failure to xxxx any of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party (a) that is developed by such party without reference to and independent of any Confidential Information, (b) is learned from a third party not under any duty of confidence to the disclosing party, or (c) becomes part of the public domain through no fault of the receiving party. (b) None of the parties nor their respective agents or employees shall, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions described in this Agreement. Unless otherwise required by law, none of the parties shall disclose any Confidential Information acquired as a result of this Agreement to any person or entity, other than its respective counsel and other representatives, and such other third parties (such as bankers and lessors) with whom it must communicate to consummate the transactions described by this Agreement, all of whom must agree to keep the Confidential Information confidential. If the Closing does not occur, each party will destroy or return to the disclosing party all copies of documents that contain that party's Confidential Information.

Confidentiality of Certain Information. (a) The parties and their respective agents and employees shall hold and keep confidential all Information which is proprietary in nature and non- non-public or confidential, in whole or in part (the "" Confidential Information") which any of them may receive from any other party concerning such other party. Failure to xxxx any mark xxx of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party (a1) that is developed by the such party without reference to and independent of any Confidential Information, (b2) is learned from a third party not under any duty of confidence to the disclosing party, party or (c3) becomes part of the public domain through no fault of the receiving partyparty or any of its Affiliates, directors, officers, employees, agents, Shareholders or other of its representatives. (b) None of the parties nor their respective agents or employees shall, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions described in this Agreement. Unless otherwise required by law, none of the parties shall disclose any Confidential Information acquired as a result of this Agreement to any person Person or entity, other than its respective counsel and other representatives, and such other third parties (such as bankers and lessors) with whom it must communicate to consummate the transactions described by this Agreement, all of whom must agree to keep the Confidential Information confidential. If the Closing does not occur, each party will destroy or return return, as requested by the disclosing party, to the disclosing party all copies of documents that contain that party's Confidential Information.

Confidentiality of Certain Information. (a) The parties and their respective agents and employees shall hold and keep confidential all Information which is proprietary in nature and non- public or confidential, in whole or in part (the "Confidential Information") which any of them may receive from any other party concerning such other party. Failure to xxxx any of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party (a) that is developed by such party without reference to and independent of any Confidential Information, (b) is learned from a third party not under any duty of confidence to the disclosing party, or (c) becomes part of the public domain through no fault of the receiving party. (b) None of the parties nor their respective agents or employees shall, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions described in this Agreement. Unless otherwise required by law, none of the parties shall disclose any Confidential Information acquired as a result of this Agreement to any person or entity, other than its respective counsel and other representatives, and such other third parties (such as bankers and lessors) with whom it must communicate to consummate the transactions described by this Agreement, all of whom must agree to keep the Confidential Information confidential. If the First Closing does not occur, each party will destroy or return to the disclosing party all copies of documents that contain that party's Confidential Information.

Confidentiality of Certain Information. (a) The parties Subject to S ection 14.5(b), the Parties and their respective agents Representatives and employees Affiliates shall hold and keep confidential all Confidential Information which is proprietary in nature and non- public or confidential, in whole or in part (the "Confidential Information") which any of them may receive from any other party Party concerning such other partyParty. Failure to xxxx any of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party (a) that is developed by such party without reference to and independent of any Confidential Information, (b) is learned from a third party not under any duty of confidence to the disclosing party, or (c) becomes part of the public domain through no fault of the receiving party. (b) None of the parties Parties nor their respective agents Representatives or employees shallAffiliates shall disclose or use, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions transactions, or enforcement of any rights or obligations, described in this AgreementAgreement and the Ancillary Documents (including, without limitation, to the extent reasonably necessary to operate the Facility and the Operations Assets in accordance herewith and therewith). Unless otherwise required by lawLegal Requirement or Order, none of the parties Parties shall disclose any Confidential Information acquired as a result of this Agreement to any person or entityPerson, other than (i) its respective counsel and other representativesRepresentatives, and (ii) such other third parties Persons (such as bankers insurers, bankers, lessors and lessorsGovernmental Authorities) with whom it must communicate to consummate the transactions described by in this Agreement, all of whom (excluding any Governmental Authority) must agree to keep the Confidential Information confidential. If the Closing does not occur, each party Party will destroy or return to the disclosing party Party all copies of documents that contain that party's ’s Confidential Information.

Confidentiality of Certain Information. (a) The parties and their respective agents and employees shall hold and keep confidential all Information information which is proprietary in nature and non- non-public or confidential, in whole or in part (the "“Confidential Information"”) which any of them may receive from any other party concerning such other party. Failure to xxxx mxxx any of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party (a) that is developed by such party without reference to and independent of any Confidential Information, (b) is learned from a third party not under any duty of confidence to the disclosing party, or (c) becomes part of the public domain through no fault of the receiving party. (b) None of the parties nor their respective agents or employees shall, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions described in this Agreement. Unless otherwise required by law, none of the parties shall disclose any Confidential Information acquired as a result of this Agreement to any person or entity, other than its respective counsel and other representatives, and such other third parties (such as bankers and lessors) with whom it must communicate to consummate the transactions described by this Agreement, all of whom must agree to keep the Confidential Information confidential. If the Closing does not occur, each party will destroy or return to the disclosing party all copies of documents that contain that party's Confidential Information.

Confidentiality of Certain Information. (a) The parties and their respective agents and employees shall hold and keep confidential all Information information which is proprietary in nature and non- non-public or confidential, in whole or in part (the "“Confidential Information"“) which any of them may receive from any other party concerning such other party. Failure to xxxx any of the Confidential Information as non-public, proprietary or confidential shall not affect its status as Confidential Information under the terms of this Agreement. Confidential Information shall not include any information in the possession of the receiving party party (a) that is developed by such party without reference to and independent of any Confidential Information, (b) is learned from a third party not under any duty of confidence to the disclosing party, or (c) becomes part of the public domain through no fault of the receiving party. (b) . None of the parties nor their respective agents or employees shall, without the prior consent of the disclosing party, disclose or use any such Confidential Information, in whole or in part, except in connection with the performance of the transactions described in this Agreement. Unless otherwise required by law, none of the parties shall disclose any Confidential Information acquired as a result of this Agreement to any person or entity, other than its respective counsel and other representatives, and such other third parties (such as bankers and lessors) with whom it must communicate to consummate the transactions described by this Agreement, all of whom must agree to keep the Confidential Information confidential. If the Closing does not occur, each party will destroy or return to the disclosing party all copies of documents that contain that party's Confidential Information.