Common use of Evaluation Materials Clause in Contracts

Evaluation Materials. In connection with the Transaction, the Company and/or its broker, LEVEL Realty Partners, LLC (“Broker”) may make available for Recipient’s review certain information relating to the Transaction, including information on the Property and the Company (the “Evaluation Materials”), conditioned on Recipient’s execution of this Agreement. Except for Excluded Materials (as hereinafter defined), Evaluation Materials shall include all non- public, proprietary, and confidential information relating to the Transaction, the Property, or the Company (including its subsidiaries and affiliates), whether disclosed to Recipient before or after the date of this Agreement and whether in verbal, written, electronic, or any other form and whether or not marked, designed, or otherwise identified as “confidential.” Evaluation Material shall include, without limitation: (a) financial information, performance results, projections, business plans, and budgets; (b) building plans and specifications, lease information, property contracts, environmental investigation results, and other consultants’ reports; and (c) information regarding the Company’s (and its affiliates’ or subsidiaries’) organizational structure, investors, and investment terms; and (d) any other information that should reasonably be recognized as confidential information of the Company. Without limiting the foregoing, all documents, notes, summaries, studies, or analyses prepared by Recipient or its Representatives (defined below) that contain, are based on, or derived from any Evaluation Materials provided by the Company or Broker shall be deemed Evaluation Materials for the purposes of this Agreement.

Evaluation Materials. In connection with the Transaction, the Company and/or its brokerBroker, LEVEL Realty Partners, LLC (“Broker”) may make available for Recipient’s review certain information relating to the Transaction, including information on the Property and the Company (the “Evaluation Materials”), conditioned on Recipient’s execution of this Agreement. Except for Excluded Materials (as hereinafter defined), Evaluation Materials shall include all non- non-public, proprietary, and confidential information relating to the Transaction, the Property, or the Company (including its subsidiaries and affiliates), whether disclosed to Recipient before or after the date of this Agreement and whether in verbal, written, electronic, or any other form and whether or not marked, designed, or otherwise identified as “confidential.” Evaluation Material Materials shall include, without limitation: : (a) financial information, performance results, projections, business plans, and budgets; ; (b) building plans and specifications, lease information, property contracts, environmental investigation results, and other consultants’ reports; and and (c) information regarding the Company’s (and its affiliates’ or subsidiaries’) organizational structure, investors, and investment terms; and and (d) any other information that should reasonably be recognized as confidential information of the Company. Without limiting the foregoing, all documents, notes, summaries, studies, or analyses prepared by Recipient or its Representatives (defined below) that contain, are based on, or derived from any Evaluation Materials provided by the Company or Broker shall be deemed Evaluation Materials for the purposes of this Agreement.