Common use of Confidentiality of Materials Clause in Contracts

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any other party hereto, including information regarding such party’s (and its subsidiaries’ and Affiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such information, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a party hereto by any other party hereto, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (x) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (y) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any other party heretoanother party, including including, but not limited to, information regarding such party’s 's (and its subsidiaries’ ' and Affiliates’affiliates') organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“"Information”"), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this AgreementAgreement or as may be required by Law) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is contained in a printed publication available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority governmental agency with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.

Confidentiality of Materials. (a) The parties Parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any the other party heretoParty, including information regarding such partyParty’s (and its subsidiaries’ and Affiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”), that, unless and until the transaction contemplated by this Agreement shall have been consummated, that (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is was prior to the date of its disclosure contained in a printed publication available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority governmental agency with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. . The recipient of confidential Information may disclose such confidential Information if required pursuant to a subpoena by a court of competent jurisdiction or by order of a governmental agency or other applicable Law, so long as the party required to disclose the confidential Information provides the other party prior notice (bunless such notice is prohibited) Each of such requirement to permit such party hereto acknowledges time to seek appropriate relief against such disclosure. Notwithstanding the foregoing, Seller’s confidential Information that relates exclusively to the remedy at law for any breach by either party of its obligations under Purchased Assets or is included in the Purchased Assets shall, after Closing, be treated as Purchaser’s confidential Information to be protected as provided in this Section 9.8 is inadequate and that from use or disclosure by Seller. Notwithstanding anything in this Section 13.01 to the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreementcontrary, the terms of Parties may disclose any confidential Information (i) to the Non-Disclosure Agreement shall governPSC or its staff to the extent necessary to discuss the transactions contemplated hereby with the PSC or its staff in connection with the PSC Regulatory Filing and (ii) to FERC to the extent required in connection with the FERC Regulatory Filing.

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any the other party heretoparty, including information regarding such party’s (and its subsidiaries’ and Affiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (ai) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (bii) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (iA) is contained in a printed publication available to the general public, (iiB) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iiiC) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (ciii) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (x) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (y) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. Notwithstanding the foregoing, no party shall be required to erase electronically stored Information that has been saved to a back-up file in the ordinary course of business; provided that such Information shall remain subject to the confidentiality and nonuse provisions of this Section 13.1 so long as such information is retained. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate Seller and that the other parties shall be entitled Equityholders also each agree with respect to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and all Information regarding the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement Business and the Non-Disclosure AgreementPurchased Assets that, from and after the terms Closing, (i) such Information is confidential and/or proprietary to Purchaser and entitled to and shall receive treatment as such by Seller, Equityholders and their respective Affiliates; (ii) Seller and Equityholders shall, and shall cause their respective Affiliates to, hold in confidence and not disclose nor use any such Information, treating such Information with the same degree of care and confidentiality as it or he accords its own confidential and proprietary information; provided, that neither Seller nor Equityholders shall have any such obligations with respect to Information which is of the Non-Disclosure Agreement shall governtype described in clauses (A) through (C) of Section 13.1(a)(ii).

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any the other party heretoto this Agreement, including including, but not limited to, information regarding such party’s (and its subsidiaries’ and Affiliatesaffiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”), that, unless and until the transaction contemplated by this Agreement shall have been consummatedconsummated or this Agreement is terminated by either party in accordance with its terms, (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iii) is or becomes known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority governmental agency with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any the other party heretoparty, including information regarding such party’s 's (and its subsidiaries’ ' and Affiliates’') organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“"Information”"), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is contained in a printed publication available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any other party heretoanother party, including information regarding such party’s (and its subsidiaries’ and Affiliatesaffiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”), that, unless and until the transaction contemplated by this Agreement shall have been consummated, that (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is was prior to the date of its disclosure contained in a printed publication available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority governmental agency with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. . The recipient of confidential Information may disclose such confidential Information if required pursuant to a subpoena by a court of competent jurisdiction or by order of a governmental agency or other applicable Law, so long as the party required to disclose the confidential Information provides the other party prior notice (bunless such notice is prohibited) Each of such requirement to permit such party hereto acknowledges time to seek appropriate relief against such disclosure. Notwithstanding the foregoing. Seller’s confidential Information that relates exclusively to the remedy at law for any breach by either party of its obligations under Purchased Assets or is included in the Purchased Assets shall, after closing, be treated as Purchaser’s confidential Information to be protected as provided in this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach from use or disclosure by such partySeller. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.

Confidentiality of Materials. (a) The parties hereto agree with respect to all technical, commercial and other information that is furnished or disclosed by any the other party heretoparty, including information regarding such party’s 's (and its subsidiaries’ ' and Affiliates’') organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“"Information”"), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (ai) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (bii) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (iA) is contained in a printed publication available to the general public, (iiB) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knows, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such informationparty, or (iiiC) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such Information; and (ciii) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (x) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (y) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that Sellers, the remedy at law for any breach by either party of its obligations under this Section 9.8 Partners, the Principal Stockholders and the Members also each agree with respect to all Information regarding the Business, the Purchased Assets and the Related Business Assets that, from and after the Closing, (i) such Information is inadequate confidential and/or proprietary to Purchasers and that the other parties shall be entitled to equitable remediesand shall receive treatment as such by Sellers, including an injunctionthe Partners, in the event of breach by such party. Principal Stockholders, the Members and their respective Affiliates; (cii) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14Sellers, 2011 by and between GES the Partners, the Principal Stockholders and the CompanyMembers shall, and shall cause their respective Affiliates to, hold in confidence and not disclose nor use any such Information, treating such Information with the same degree of care and confidentiality as successor-in-interest it or he accords its own confidential and proprietary information; provided, that no Seller or any Partner, Principal Stockholder or Member shall have any such obligations with respect to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms Information which is of the Non-Disclosure Agreement shall governtype described in clauses (A) through (C) of Section 13.1(a)(ii).

Confidentiality of Materials. (a) The parties hereto agree that (A) between the date hereof and the Closing Date, with respect to all non-public technical, commercial and other information that is furnished or disclosed by any other party heretoanother party, including including, but not limited to, information regarding such party’s (and its subsidiaries’ and Affiliates’) organization, personnel, business activities, customers, policies, assets, finances, costs, sales, revenues, technology, rights, obligations, liabilities and strategies (“Information”) and (B) after the Closing Date, Sellers agree with respect to all Information relating to the Purchaser, the Business, the Purchased Assets or the Assumed Liabilities, and Purchaser agrees, with respect to all Information relating to the Sellers (other than Information relating to the Business, the Purchased Assets or the Assumed Liabilities), that, unless and until the transaction contemplated by this Agreement shall have been consummated, (a) such Information is confidential and/or proprietary to the furnishing/disclosing party and entitled to and shall receive treatment as such by the receiving party; (b) the receiving party will hold in confidence and not disclose nor use (except in respect of the transactions contemplated by this Agreement) any such Information, treating such Information with the same degree of care and confidentiality as it accords its own confidential and proprietary Information; provided, however, that the receiving party shall not have any restrictive obligation with respect to any Information which (i) is contained in a printed publication or otherwise available to the general public, (ii) is or becomes publicly known through no wrongful act or omission of the receiving party or any third party that the receiving party knowsparty, after reasonable inquiry, has a duty of confidentiality to such disclosing party with respect to such information, or (iii) is known by the receiving party without any proprietary restrictions by the furnishing/disclosing party at the time of receipt of such InformationInformation or (iv) is legally required to be disclosed; provided that the receiving party shall give prompt notice to the disclosing party of such requirement, disclose no more information than is so legally required, and reasonably cooperate with any attempts by the disclosing party to obtain a protective order or similar treatment; and (c) all such Information furnished to a either party hereto by any other party heretothe other, unless otherwise specified in writing, shall remain the property of the furnishing/disclosing party and, in the event this Agreement is terminated, shall be returned to it, together with any and all copies made thereof, upon request for such return by it (except for documents submitted to a Governmental Authority governmental agency with the consent of the furnishing/disclosing party or upon subpoena and which cannot be retrieved with reasonable effort) and in the case of (xi) oral information furnished to any party by the other which shall have been reduced to writing by the receiving party and (yii) all internal documents of any party describing, analyzing or otherwise containing Information furnished by the other party, all such writings and documents shall be destroyed, upon request, in the event this Agreement is terminated, and each party shall confirm in writing to the other compliance with any such request. (b) Each party hereto acknowledges that the remedy at law for any breach by either party of its obligations under this Section 9.8 is inadequate and that the other parties shall be entitled to equitable remedies, including an injunction, in the event of breach by such party. (c) Reference is hereby made to that certain Non-Disclosure Agreement dated October 14, 2011 by and between GES and the Company, as successor-in-interest to Independence Contract Drilling, LLC (the “Non-Disclosure Agreement”). In the event of a conflict between the provisions of this Agreement and the Non-Disclosure Agreement, the terms of the Non-Disclosure Agreement shall govern.