Nature of Information. (a) The Parties each hereby acknowledge that the Confidential Information of the other Party is of a special, unique, unusual, extraordinary, and intellectual character and that money damages would not be a sufficient remedy for any breach of this Agreement by it or its representatives and that specific performance and injunctive or other equitable remedies for any such breach shall be available to the other Party. (b) The Parties further acknowledge that the interests of the other Party in such Confidential Information may be irreparably injured by disclosure of such Confidential Information. The remedy stated above may be pursued in addition to any other remedies applicable at law or equity for breach of this Agreement; provided, however, that in no event shall either party be liable to any other party under this Agreement in contract, tort, including negligence, or otherwise for or in respect of any special, punitive, exemplary, indirect or consequential loss or damage. (c) Although the Confidential Information contains information which the Disclosing Party believes to be relevant for the purpose of the Receiving Party's evaluation of the Transaction, each Party acknowledges that the Disclosing Party does not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither the Disclosing Party nor its Representatives, their affiliates, nor any of their respective officers, directors, managers, members, employees, agents, or controlling persons within the meaning of Section 20 of the Securities Exchange Act of 1934, as amended, shall have any liability to the Receiving Party or any of its Representatives relating to or arising from the use of the Confidential Information.
Appears in 2 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement
Nature of Information. (a) The Parties each hereby acknowledge that the Confidential Information of the other Party is of a special, unique, unusual, extraordinary, and intellectual character and that money damages would not be a sufficient remedy for any breach of this Agreement by it or its representatives and that specific performance and injunctive or other equitable remedies for any such breach shall be available to the other Party.
(b) The Parties further acknowledge that the interests of the other Party in such Confidential Information may be irreparably injured by disclosure of such Confidential Information. The remedy stated above may be pursued in addition to any other remedies applicable at law or equity for breach of this Agreement; provided, however, that in no event shall either party be liable to any other party under this Agreement in contract, tort, including negligence, or otherwise for or in respect of any special, punitive, exemplary, indirect or consequential loss or damage.
(c) Although the Confidential Information contains information which the Disclosing Party believes to be relevant for the purpose of the Receiving Party's evaluation of the Transaction, each Party acknowledges that the Disclosing Party does not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither the Disclosing Party nor its Representatives, their affiliates, nor any of their respective officers, directors, managers, members, employees, agents, or controlling persons within the meaning of Section 20 of the Securities Exchange Act of 1934, as amended, shall have any liability to the Receiving Party or any of its Representatives relating to or arising from the use of the Confidential Information.
Appears in 1 contract
Nature of Information. (a) The Parties each hereby acknowledge that the Confidential Information of the other Party is of a special, unique, unusual, extraordinary, and intellectual character and that money damages would not be a sufficient remedy for any breach of this Agreement by it or its representatives and that specific performance and injunctive or other equitable remedies for any such breach shall be available to the tothe other Party.
(b) The Parties further acknowledge that the interests of the other Party in such Confidential Information may be irreparably injured by disclosure of such Confidential Information. The remedy stated above may be pursued in addition to any other remedies applicable at law or equity for breach of this Agreement; provided, however, that in no event shall either party be liable to any other party under this Agreement in contract, tort, including negligence, or otherwise for or in respect of any special, punitive, exemplary, indirect or consequential loss or damage.
(c) Although the Confidential Information contains information which the Disclosing Party believes to be relevant for the purpose of the Receiving Party's evaluation of the TransactionPurpose, each Party acknowledges that the Disclosing Party does not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither the Disclosing Party nor its Representatives, their affiliates, nor any of their respective officers, directors, managers, members, employees, agents, or controlling persons within the meaning of Section 20 of the Securities Exchange Act of 1934, as amended, shall have any liability to the Receiving Party or any of its Representatives relating to or arising from the use of the Confidential Information.
Appears in 1 contract
Samples: Mutual Confidentiality Agreement
Nature of Information. (a) The Parties each hereby acknowledge that the Confidential Information of the other Party is of a special, unique, unusual, extraordinary, and intellectual character and that money damages would not be a sufficient remedy for any breach of this Agreement by it or its representatives and that specific performance and injunctive or other equitable remedies for any such breach shall be available to the other Party.
(b) . The Parties further acknowledge that the interests of the other Party in such Confidential Information may be irreparably injured by disclosure of such Confidential Information. The remedy stated above may be pursued in addition to any other remedies applicable at law or equity for breach of this Agreement; provided, however, that in no event shall either party be liable to any other party under this Agreement in contract, tort, including negligence, or otherwise for or in respect of any special, punitive, exemplary, indirect or consequential loss or damage.
(c) . Although the Confidential Information contains information which the Disclosing Party believes to be relevant for the purpose of the Receiving Party's evaluation of the Transaction, each Party acknowledges that the Disclosing Party does not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither the Disclosing Party nor its Representatives, their affiliates, nor any of their respective officers, directors, managers, members, employees, agents, or controlling persons within the meaning of Section 20 of the Securities Exchange Act of 1934, as amended, shall have any liability to the Receiving Party or any of its Representatives relating to or arising from the use of the Confidential Information.
Appears in 1 contract
Samples: Confidentiality Agreement