COVENANTS OF THE SELLING COMPANIES AND THE BUYING COMPANIES. 8.1 Access and Inquiry. Between the date of this Agreement and the Closing, the Selling Companies shall provide, and shall cause the Transferred Companies (and, to the extent Grace has the right to do so, the Transferred Joint Ventures) to provide, to the Buying Companies and their counsel, financial advisors, auditors and other representatives, reasonable access to the properties and facilities of the Dearborn Business (including reasonable access to enable Buyer to conduct Phase I environmental investigations, but not Phase II environmental investigations or other testing that may include invasive procedures such as soil core borings or testing of environmental media), and will, upon written request, permit the Buying Companies and their counsel, financial advisors, auditors and other representatives to contact and make reasonable inquiry of employees of the Selling Companies and the Transferred Companies (and, to the extent Grace is able to arrange for such access and inquiry, to the facilities and employees of the Transferred Joint Ventures) regarding the Dearborn Business. Except for the details of any trade secrets and other sensitive intellectual property, the Selling Companies shall, and shall cause the Transferred Companies (and, to the extent Grace has the right to do so, the Transferred Joint Ventures) to, make available to the Buying Companies all books, records, and other financial data and files, where located, of the Selling Companies, the Transferred Companies and the Transferred Joint Ventures relating primarily to the Dearborn Business, to the extent reasonably requested by any Buying Company. The Buying Companies acknowledge that the terms of the confidentiality agreement dated November 15, 1995 between Grace and Buyer (the "Confidentiality Agreement") shall apply to information obtained by any Buying Company pursuant to the foregoing.
