Common use of Examinations and Investigations Clause in Contracts

Examinations and Investigations. (a) Prior to the Closing Date, during normal business hours between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday, or such other hours as to which the parties mutually agree, RIGI and the Parent shall be entitled, through their employees and representatives, including counsel, lenders, appraisers and accountants, to make such investigation of the assets, properties, business and operations of the Business, and such examination and copies of the books, records and financial condition of the Business as RIGI and the Parent wish. RIGI and the Parent shall cause all such employees, representatives, counsel, lenders, appraisers and accountants to execute on behalf of themselves and their respective representatives agreements to keep all information so obtained confidential to the same extent as RIGI so agrees herein. No review, examination or investigation by RIGI or the Parent shall diminish or obviate any of the representations, warranties, covenants or agreements of ARC and the Stockholders under this Agreement. (b) If this Agreement terminates: (1) RIGI shall keep confidential and shall not use in any manner any information or documents obtained from ARC concerning the Business or the ARC Assets, unless readily ascertainable from public or published information, or trade sources, or subsequently developed by RIGI independent of any investigation of the Business, or received from a third party not under an obligation to ARC to keep such information confidential, and (2) any documents obtained from ARC shall be promptly returned to it.

Examinations and Investigations. (a) Prior to the Closing Date, during normal business hours between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday, or such other hours as to which the parties mutually agree, RIGI RISCI and the Parent shall be entitled, through their employees and representatives, including counsel, lenders, appraisers and accountants, to make such investigation of the assets, properties, business and operations of the Business, and such examination and copies of the books, records and financial condition of the Business as RIGI RISCI and the Parent wish. RIGI RISCI and the Parent shall cause all such employees, representatives, counsel, lenders, appraisers and accountants to execute on behalf of themselves and their respective representatives agreements to keep all information so obtained confidential to the same extent as RIGI RISCI so agrees herein. No review, examination or investigation by RIGI RISCI or the Parent shall diminish or obviate any of the representations, warranties, covenants or agreements of ARC AIC and the Stockholders Addlestone under this Agreement. (b) If this Agreement terminates: (1) RIGI RISCI shall keep confidential and shall not use in any manner any information or documents obtained from ARC AIC concerning the Business or the ARC AIC Assets, unless readily ascertainable from public or published information, or trade sources, or subsequently developed by RIGI RISCI independent of any investigation of the Business, or received from a third party not under an obligation to ARC AIC to keep such information confidential, and (2) any documents obtained from ARC AIC shall be promptly returned to it.