Common use of Information Reporting and Confidentiality Clause in Contracts

Information Reporting and Confidentiality. During the term of this Agreement, Xxxxx Xxxxx agrees to provide all information required to be provided to the Bank pursuant to the Loan Documents, to the LLC, pursuant to the same reporting deadlines as set forth in the Loan Documents (collectively, the “Reporting Information”). The LLC hereby agrees to maintain all Reporting Information provided to the LLC hereunder in strict confidence, and to use the same degree of care in protecting the Reporting Information as the LLC uses to protect its own confidential information; provided, however, that the LLC’s confidentiality obligations hereunder shall not apply to any Reporting Information which, (a) at the time of disclosure by Xxxxx Xxxxx to the LLC is in the public domain, as evidenced by printed publication or otherwise; (b) after disclosure by Xxxxx Xxxxx to the LLC becomes part of the public domain, by publication or otherwise, through no fault of the LLC; or (c) the LLC can show by reasonably convincing evidence that the Reporting Information already was in the LLC’s possession at the time of disclosure by Xxxxx Xxxxx to the LLC hereunder and was not previously acquired, directly or indirectly, from Xxxxx Xxxxx by the LLC on a confidential basis.

Information Reporting and Confidentiality. During the term of this Agreement, Xxxxx Xxxxx agrees to provide all information required to be provided to the Bank pursuant to the Loan Documents, to the LLC, pursuant to the same reporting deadlines as set forth in the Loan Documents (collectively, the “Reporting Information”). The LLC hereby agrees to maintain all Reporting Information provided to the LLC hereunder in strict confidence, and to use the same degree of care in protecting the Reporting Information as the LLC uses to protect its own confidential information; provided, however, that the LLC’s confidentiality obligations hereunder shall not apply to any Reporting Information which, (a) at the time of disclosure by Xxxxx Xxxxx to the LLC is in the public domain, as evidenced by printed publication or otherwise; (b) after disclosure by Xxxxx Xxxxx to the LLC becomes part of the public domain, by publication or otherwise, through no fault of the LLC; or (c) the LLC can show by reasonably convincing evidence that the Reporting Information already was in the LLC’s possession at the time of disclosure by Xxxxx Xxxxx to the LLC hereunder and was not previously acquired, directly or indirectly, from Xxxxx Xxxxx by the LLC on a confidential basis.. D6142\B24265\4813-6351-3788.v3