Common use of No Waiver of Privilege; Protection from Disclosure or Use Clause in Contracts

No Waiver of Privilege; Protection from Disclosure or Use. Nothing in this Agreement will be deemed to be a waiver of any attorney-client privilege, work product protection, or other protection from disclosure or use. The Parties have undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such efforts, the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party to the other Party. The Parties agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further agree to use commercially reasonable efforts to return any inadvertently disclosed information to the disclosing Party promptly upon becoming aware of its existence. Promptly following the return of any inadvertently disclosed information, the Party returning such information shall destroy any and all copies, summaries, descriptions, or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, or notes.

Appears in 1 contract

Samples: Merger Agreement (Live Oak Acquisition Corp)

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No Waiver of Privilege; Protection from Disclosure or Use. Nothing The parties hereto understand and agree that nothing in this Agreement will Agreement, including the provisions of Section 11.17 and Section 11.18 regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Parties relevant parties have undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such Protected Communications. Notwithstanding those efforts, the parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including with respect to information involving or concerning the same subject matter as the disclosed information. The parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existence. Promptly following The parties further agree that promptly after the return of any inadvertently disclosed information, the Party party returning such information shall destroy any and all copies, summaries, descriptions, descriptions or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Share Purchase Agreement (Emergent BioSolutions Inc.)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The Parties understand and agree that nothing in this Agreement will Agreement, including the foregoing provisions regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Each of the Parties have understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any Protected Communications. Notwithstanding those efforts, the Parties understand and agree that the consummation of the Transactions could result in the inadvertent disclosure of information that may be confidential, eligible to be subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such efforts, the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party to the other Partydisclosure. The Parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including, but not limited to, with respect to information involving or concerning the same subject matter as the disclosed information. The Parties agree to use commercially reasonable efforts to return any inadvertently disclosed information to the disclosing Party promptly party immediately upon becoming aware of its existence. Promptly following The Parties further agree that promptly after the return of any inadvertently disclosed information, the Party party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Merger Agreement (MGP Ingredients Inc)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The Parties hereto understand and agree that nothing in this Agreement will Agreement, including the provisions of Section 10.16 and Section 10.17 regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Each of the Parties have understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such Protected Communications. Notwithstanding those efforts, the Parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including, but not limited to, with respect to information involving or concerning the same subject matter as the disclosed information. The Parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party promptly upon becoming aware of its existence. Promptly following The Parties further agree that promptly after the return of any inadvertently disclosed information, the Party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, or descriptions and/or notes.

Appears in 1 contract

Samples: Share Purchase Agreement (Xylem Inc.)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing in this Agreement will be deemed to be a waiver of any attorney-client privilege, work product protection, or other protection from disclosure or use. The Parties Buyer acknowledges that Sellers have undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use butbut that, notwithstanding such efforts, the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party to the other Partyinformation. The Parties agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party promptly upon becoming aware of its existence. Promptly following the return of any inadvertently disclosed information, the Party returning such information shall destroy any and all copies, summaries, descriptions, or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, or notes.

Appears in 1 contract

Samples: Asset Purchase Agreement (Amneal Pharmaceuticals, Inc.)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The parties hereto understand and agree that nothing in this Agreement will Agreement, including the foregoing provisions regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege vis-a-vis third parties or other protection from disclosure or use. The Parties have Each of the parties understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any Protected Communications. Notwithstanding those efforts, the parties understand and agree that the consummation of the Transactions could result in the inadvertent disclosure of information that may be confidential, eligible to be subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such efforts, the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party to the other Partydisclosure. The Parties parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosuredisclosure with respect to any third party, and further including with respect to information involving or concerning the same subject matter as the disclosed information. The parties agree to use commercially reasonable efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existence. Promptly following The parties further agree that promptly after the return of any inadvertently disclosed information, the Party party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Merger Agreement (Etsy Inc)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The parties hereto understand and agree that nothing in this Agreement will Agreement, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Parties have Each of the parties understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any Protected Communications as well as confidential and proprietary information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such the Amtrol Companies. Notwithstanding those efforts, the parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including, but not limited to, with respect to information involving or concerning the same subject matter as the disclosed information. The parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existencethe existence of the inadvertently disclosed information. Promptly following The parties further agree that promptly after the return of any inadvertently disclosed information, the Party party returning such inadvertently disclosed information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Merger Agreement (Worthington Industries Inc)

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No Waiver of Privilege; Protection from Disclosure or Use. Nothing The Parties understand and agree that nothing in this Agreement will Agreement, including the foregoing provisions regarding the assertions of protection from disclosure and use, privilege and conflicts of interests, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure use or usedisclosure. The Each of the Parties have understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such Protected Communications. Notwithstanding those efforts, the Parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, privilege or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, privilege or protection from disclosure, and further including, but not limited to, with respect to information involving or concerning the same subject matter as the disclosed information. The Parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party promptly upon becoming aware of its existence. Promptly following the return of any inadvertently disclosed information, the Party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Merger Agreement (Berkshire Hills Bancorp Inc)

No Waiver of Privilege; Protection from Disclosure or Use. The Parties agree that the provisions in this Section 13.18 will apply to the maximum extent permitted under Applicable Law. Nothing in this Agreement will shall be deemed to be a waiver of any attorney-client privilege, work product protection, protection or other protection from disclosure or useuse that is available under Applicable Law. The Parties have Buyer acknowledges that Seller has undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use butbut that, notwithstanding such efforts, the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party to the other Partyinformation. The Parties parties agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will shall not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further agree to use commercially reasonable efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existence. Promptly following the return of any inadvertently disclosed information, the Party party returning such information shall destroy any and all copies, summaries, descriptions, descriptions or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, or notes.

Appears in 1 contract

Samples: Quota Purchase Agreement (Circor International Inc)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The Parties understand and agree that nothing in this Agreement will Agreement, including the foregoing provisions regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Parties have Each of the parties understands and agrees that it has undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such Protected Communications. Notwithstanding those efforts, the Parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including, but not limited to, with respect to information involving or concerning the same subject matter as the disclosed information. The parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existence. Promptly following The parties further agree that promptly after the return of any inadvertently disclosed information, the Party party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nn Inc)

No Waiver of Privilege; Protection from Disclosure or Use. Nothing The Parties understand and agree that nothing in this Agreement will Agreement, including the foregoing provisions regarding the assertions of protection from disclosure and use, privilege and conflicts of interest, shall be deemed to be a waiver of any applicable attorney-client privilege, work product protection, privilege or other protection from disclosure or use. The Each of the Parties have understands and agrees that he or it has undertaken reasonable efforts to prevent the disclosure of any information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use but, notwithstanding such Protected Communications. Notwithstanding those efforts, the Parties understand and agree that the consummation of the transactions contemplated by this Agreement could result in the inadvertent disclosure of such information by one Party that may be confidential, eligible to the other Partybe subject to a claim of privilege, or otherwise protected from disclosure. The Parties further understand and agree that any such inadvertent disclosure of information that may be confidential, subject to a claim of privilege, or otherwise protected from disclosure or use will not constitute a waiver of or otherwise prejudice any claim of confidentiality, privilege, or protection from disclosure, and further including with respect to information involving or concerning the same subject matter as the disclosed information. The Parties agree to use commercially reasonable best efforts to return any inadvertently disclosed information to the disclosing Party party promptly upon becoming aware of its existence. Promptly following The Parties further agree that promptly after the return of any inadvertently disclosed information, the Party returning such information shall destroy any and all copies, summaries, descriptions, or descriptions and/or notes of such inadvertently disclosed information, including electronic versions thereof, and all portions of larger documents or communications that contain such copies, summaries, descriptions, descriptions or notes.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kelly Services Inc)

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