Common use of Confidentiality of Confidential Information Clause in Contracts

Confidentiality of Confidential Information. Recipient agrees to receive and hold the Confidential Information (whether received from Puma or any of its Representatives) in strict confidence and not to disclose it to any third party without the express written consent of Puma other than to Recipient’s Representatives (who are provided with a copy of this Agreement and who agree to be bound by the terms of this Agreement, and Recipient shall be responsible for any breach of the terms of this Agreement by its Representatives) for the limited purpose of deciding whether to go forward with the Transaction and shall not use any such Confidential Information except pursuant to and in the course of deciding to go forward with the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access by other persons to such Confidential Information. This Agreement shall apply to all the Confidential Information disclosed to Recipient or any of its Representatives, without regard to whether such disclosure is by means of written documents, oral communication, or otherwise. Recipient acknowledges that the Confidential Information is confidential to Puma and that Recipient has no rights or interest in the Confidential Information and shall not use any part of the Confidential Information for its own benefit except as specifically set forth in this Agreement. The fact that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Puma in the Properties, and any of the terms, conditions or other facts with respect to a possible Transaction, including the status of any negotiations, shall likewise be kept strictly confidential by the Recipient for the term of this Agreement.

Confidentiality of Confidential Information. Recipient agrees Subject to receive the terms and hold conditions hereof, the New Director may share and discuss Confidential Information with the Investors. The Investors agree, and agree to cause their Representatives, to keep all Confidential Information strictly confidential and not disclose Confidential Information to any Person other than those of their Representatives who need to know such Confidential Information to assist an Investor for the purposes of advising, monitoring and evaluating such Investor’s investment in the Company, or as otherwise permitted by this Agreement; provided, however, that with respect to any such disclosure of Confidential Information, the Investors shall furnish to such Representative only that portion of the Confidential Information (whether received from Puma necessary for the purposes of advising, monitoring and evaluating such Investor’s investment in the Company, or any of its Representatives) in strict confidence and not as otherwise permitted by this Agreement. Before providing access to disclose it Confidential Information to any third party without Representative, the express written consent Investor shall inform such Representative of Puma other than to Recipient’s Representatives (who are provided with a copy the contents of this Agreement and who agree the confidentiality of the Confidential Information, and shall advise such Representative that, by accepting possession of or access to such information, such Representative is agreeing to be bound by this Agreement. The Investors shall instruct their Representatives to observe the terms of this Agreement, Agreement and Recipient shall be responsible for any breach of this Agreement by any of their Representatives. (b) Compulsory Disclosure of Confidential Information. If an Investor or any of such Investor’s Representatives is legally required in any proceeding or governmental inquiry, including any judicial or administrative proceeding, or by any governmental or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or otherwise), or is otherwise legally required pursuant to applicable law or regulation (in each case if and as determined based on advice of counsel), to disclose any Confidential Information, such Investor shall (to the extent permissible under applicable law or the terms of this Agreement by its Representatives) for such demand or request), if reasonably practicable, give the limited purpose Company prompt notice of deciding whether such request or requirement so that the Company may, at the Company’s sole expense, seek an appropriate protective order, and, upon the Company’s request and at the Company’s sole expense, shall provide reasonable cooperation to go forward with the Transaction and shall not use any Company in seeking such Confidential Information except pursuant an order. If such Investor is nonetheless compelled to and in the course of deciding to go forward with the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access by other persons to such disclose Confidential Information. This Agreement shall apply , such Investor (or such Representative of such Investor to all the Confidential Information disclosed to Recipient or any of its Representatives, without regard to whether whom such disclosure request is by means of written documents, oral communication, or otherwise. Recipient acknowledges directed) will furnish only that the Confidential Information is confidential to Puma and that Recipient has no rights or interest in the Confidential Information and shall not use any part portion of the Confidential Information for that, on the advice of counsel, is legally required to be disclosed and, upon the Company’s request, use its own benefit except as specifically set forth in this Agreement. The fact reasonable best efforts, at the Company’s sole expense, to obtain assurances that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Puma in the Propertiesconfidential treatment will be accorded to such information, and any shall (to the extent permissible under applicable law or the terms of such demand or request) provide the Company with the text of the termsproposed disclosure as reasonably far in advance of its disclosure as is practicable and shall in good faith consult with and consider the suggestions of the Company concerning the nature and scope of the information it proposes to disclose. Notwithstanding anything to the contrary contained herein, conditions the Company and the Investors or other facts any Representative thereof may disclose this Agreement in connection with respect to a possible Transaction, including the status enforcement of any negotiations, shall likewise be kept strictly confidential by the Recipient for the term terms of this Agreement.

Confidentiality of Confidential Information. Recipient agrees The Agent and each Lender acknowledges that certain information concerning Borrower which is obtained by or furnished to receive the Agent and hold such Lenders pursuant to this Agreement may be non-public, proprietary or confidential in nature ("Confidential Information"). The Agent and each Lender confirm to Borrower, for itself, that it is the policy and practice of the Agent and each such Lender to maintain in confidence all Confidential Information which is received by it in connection with the closing and administration of transactions of the kind contemplated by this Agreement and which is identified to the Agent or such Lender as such, and that the Agent and each Lender will protect the confidentiality of all Confidential Information submitted to it by or with respect to Borrower, commensurate with its efforts to maintain the confidentiality of its own Confidential Information, subject to (a) its need in connection with the closing and administration of the transactions contemplated by this Agreement to disclose any Confidential Information to any legal counsel, auditors, appraisers, consultants or other Persons retained by it for the purpose of advising the Agent or such Lender in connection therewith; (b) its need to disclose any Confidential Information under color of legal authority, including, without limitation, to any regulatory authority having jurisdiction over its or its operations or to or under the authority of any court deemed by it to be of competent jurisdiction; (c) its right to disclose the Confidential Information (whether received from Puma or any of its Representatives) in strict confidence and not to disclose it to any third party without prospective Lender, assignee or participant which has agreed to maintain the express written consent of Puma other than confidentiality thereof on a basis substantially similar to Recipient’s Representatives that set forth herein; and (who are provided with a copy of this Agreement and who agree to be bound by d) the terms of this Agreement, and Recipient shall be responsible for any breach inapplicability of the terms of this Agreement by its RepresentativesSection 11.9 to any information furnished to the Agent or any Lender which was (i) for the limited purpose of deciding whether to go forward with the Transaction and shall not use any such Confidential Information except pursuant to and in the course of deciding Agent's or such Lender's possession prior to go forward with its delivery to the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access Agent or such Lender by other persons to such Confidential Information. This Agreement shall apply to all the Confidential Information disclosed to Recipient or any of its Representatives, without regard to whether such disclosure is by means of written documents, oral communicationBorrower, or otherwise. Recipient acknowledges that otherwise has been obtained by the Confidential Information is Agent or such Lender on a non- confidential basis; or (ii) was or becomes available to Puma and that Recipient has no rights the public or interest in the Confidential Information and shall not use any otherwise part of the Confidential Information for its own benefit except public domain (other than as specifically set forth in this Agreement. The fact that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Puma in the Properties, and any a result of the termsAgent's or such Lender's failure to abide hereby); or (iii) was not non-public, conditions proprietary or other facts with respect confidential when Borrower delivered it to a possible Transaction, including the status of any negotiations, shall likewise be kept strictly confidential by the Recipient for the term of this AgreementAgent or such Lender.

Confidentiality of Confidential Information. Recipient agrees to receive and hold the Confidential Information (whether received from Puma Windsor Xxxxxx or any of its Representatives) in strict confidence and not to disclose it to any third party without the express written consent of Puma Windsor Xxxxxx other than to Recipient’s Representatives (who are provided with a copy of this Agreement and who agree to be bound by the terms of this Agreement, and Recipient shall be responsible for any breach of the terms of this Agreement by its Representatives) for the limited purpose of deciding whether to go forward with the Transaction and shall not use any such Confidential Information except pursuant to and in the course of deciding to go forward with the Transaction. Recipient shall (and shall cause its Representatives to) take all security precautions to protect from disclosure and keep confidential the Confidential Information as it takes in respect of its own confidential information, including without limitation, protection of documents from theft, unauthorized duplication and discovery of contents, and restrictions on access by other persons to such Confidential Information. This Agreement shall apply to all the Confidential Information disclosed to Recipient or any of its Representatives, without regard to whether such disclosure is by means of written documents, oral communication, or otherwise. Recipient acknowledges that the Confidential Information is confidential to Puma Windsor Xxxxxx and that Recipient has no rights or interest in the Confidential Information and shall not use any part of the Confidential Information for its own benefit except as specifically set forth in this Agreement. The fact that Recipient is in the process of evaluating and possibly acquiring certain rights and obligations of Puma Windsor Xxxxxx in the Properties, and any of the terms, conditions or other facts with respect to a possible Transaction, including the status of any negotiations, shall likewise be kept strictly confidential by the Recipient for the term of this Agreement.