Common use of Limitation on Rights and Obligations with Respect to the Pentair Materials Clause in Contracts

Limitation on Rights and Obligations with Respect to the Pentair Materials. After the Distribution Date, Pentair shall have no obligation to (i) notify nVent of any changes or proposed changes to any of the Pentair Materials, (ii) include nVent in any consideration of proposed changes to any of the Pentair Materials, (iii) provide draft changes of any of the Pentair Materials to nVent for review and/or comment or (iv) provide nVent with any updated materials relating to any of the Pentair Materials. nVent acknowledges and agrees that, except as expressly set forth above, Pentair reserves all rights (including all Intellectual Property rights) in, to and under the Pentair Materials and no rights with respect to ownership or use, except as otherwise expressly provided in this Agreement, shall vest in nVent. The Parties acknowledge and agree that, subject to the exceptions specified in Section 9.03, the Pentair Materials are the Confidential Information of Pentair. nVent shall use at least the same degree of care to prevent and restrain the unauthorized use or disclosure of any confidential materials created by or for nVent that are based upon any of the Pentair Materials as it uses for its other confidential information of a like nature, but in no event less than a reasonable degree of care. nVent will allow Pentair reasonable access to personnel and information as reasonably necessary to determine nVent’s compliance with the provisions set forth above; provided, however, such access shall not unreasonably interfere with any of the business or operations of nVent. If Pentair determines that nVent has not complied in all material respects with some or all of its obligations contained in Section 3.01 and Section 3.02 with respect to any of the Pentair Materials, Pentair will provide nVent written notice of such failure to comply, specifiying the nature of the default. If nVent fails to cure such non-compliance within fifteen (15) days, Pentair may terminate nVent’s rights to use the portion of the Pentair Materials that fail to comply to nVent’s obligations. In such event, nVent shall either return the Pentair Materials that fail to comply with nVent’s obligations or destroy the noncomplying materials (with such destruction certified by nVent in writing to Pentair promptly after such termination).

Limitation on Rights and Obligations with Respect to the Pentair Materials. After the Distribution Date, Pentair shall have no obligation to (i) notify nVent of any changes or proposed changes to any of the Pentair Materials, (ii) include nVent in any consideration of proposed changes to any of the Pentair Materials, (iii) provide draft changes of any of the Pentair Materials to nVent for review and/or comment or (iv) provide nVent with any updated materials relating to any of the Pentair Materials. nVent acknowledges and agrees that, except as expressly set forth above, Pentair reserves all rights (including all Intellectual Property rights) in, to and under the Pentair Materials and no rights with respect to ownership or use, except as otherwise expressly provided in this Agreement, shall vest in nVent. The Parties acknowledge and agree that, subject to the exceptions specified in Section 9.03, the Pentair Materials are the Confidential Information of Pentair. nVent shall use at least the same degree of care to prevent and restrain the unauthorized use or disclosure of any confidential materials created by or for nVent that are based upon any of the Pentair Materials as it uses for its other confidential information of a like nature, but in no event less than a reasonable degree of care. nVent will allow Pentair reasonable access to personnel and information as reasonably necessary to determine nVent’s compliance with the provisions set forth above; provided, however, such access shall not unreasonably interfere with any of the business or operations of nVent. If Pentair determines that nVent has not complied in all material respects with some or all of its obligations contained in Section 3.01 and Section 3.02 with respect to any of the Pentair Materials, Pentair will provide nVent written notice of such failure to comply, specifiying the nature of the default. If nVent fails to cure such non-compliance within fifteen (15) days, Pentair may terminate nVent’s rights to use the portion of the Pentair Materials that fail to comply to nVent’s obligations. In such event, nVent shall either return the Pentair Materials that fail to comply with nVent’s obligations or destroy the noncomplying materials (with such destruction certified by nVent in writing to Pentair promptly after such termination).’s

Limitation on Rights and Obligations with Respect to the Pentair Materials. After the Distribution Date, Pentair shall have no obligation to (i) notify nVent of any changes or proposed changes to any of the Pentair Materials, (ii) include nVent in any consideration of proposed changes to any of the Pentair Materials, (iii) provide draft changes of any of the Pentair Materials to nVent for review and/or comment or (iv) provide nVent with any updated materials relating to any of the Pentair Materials. nVent acknowledges and agrees that, except as expressly set forth above, Pentair reserves all rights (including all Intellectual Property rights) in, to and under the Pentair Materials and no rights with respect to ownership or use, except as otherwise expressly provided in this Agreement, shall vest in nVent. The Parties acknowledge and agree that, subject to the exceptions specified in Section 9.03, the Pentair Materials are the Confidential Information of Pentair. nVent shall use at least the same degree of care to prevent and restrain the unauthorized use or disclosure of any confidential materials created by or for nVent that are based upon any of the Pentair Materials as it uses for its other confidential information of a like nature, but in no event less than a reasonable degree of care. nVent will allow Pentair reasonable access to personnel and information as reasonably necessary to determine nVent’s compliance with the provisions set forth above; provided, however, such access shall not unreasonably interfere with any of the business or operations of nVent. If Subject to Section 9.05, in the event that Pentair determines that nVent has not materially complied in all material respects with some or all of its obligations contained in Section 3.01 and Section 3.02 with respect to any or all of the Pentair Materials, Pentair will provide nVent written notice of such failure to comply, specifiying the nature of the default. If nVent fails to cure such non-compliance within fifteen (15) days, Pentair may terminate nVent’s rights with respect to use the portion of the such Pentair Materials that fail upon written notice to comply nVent and, in such case, Pentair shall be entitled to nVent’s obligations. In require such event, nVent shall either return the Pentair Materials to be returned to Pentair or destroyed and any materials created by or for nVent that fail are based upon such Pentair Materials to comply with nVent’s obligations or destroy the noncomplying materials be destroyed (with such destruction certified by nVent in writing to Pentair promptly after such termination).