Common use of NON-DISCLOSURE; THE COMPANY Clause in Contracts

NON-DISCLOSURE; THE COMPANY. (1) The Company, for itself, its officers, employees, directors, agents, affiliates, subsidiaries, independent contractors, and related parties, including Horler (all of whom are to be deemed included in any reference herein to the Company) agrees that it will not at any time during or after the termination or expiration of this Agreement, except as authorized or directed herein or in writing by Far Beyond and/or the FB Shareholders, use for the Company's own benefit, copy, reveal, sell, exchange or give away, disclose, divulge or make known or available in any manner to any person, firm, corporation or other entity (whether or not the Company receives any benefit therefrom), any Far Beyond Confidential Information. (2) The Company will take all actions necessary to ensure that the Far Beyond Confidential Information is maintained as secret and confidential and its disclosure shall only be made to the extent necessary, to a limited group of the Company's employees, officers and/or directors who are actually engaged in the evaluation of the Far Beyond Confidential Information; provided however, the Company acknowledges and agrees that it shall be responsible and held liable for the actions or inactions of such employees, officers and directors (regardless whether or not such actions or inactions are within their scope of employment) with respect to the maintenance of the secrecy and confidentiality of the Far Beyond Confidential information. (3) The Company understands that if it discloses to others, use for its own benefit (other than as part of an agreement with Far Beyond and the FB Shareholders, which expressly provides for such use) or for the benefit of any person or entity other than Far Beyond and/or the FB Shareholders, copies or makes notes of any such Far Beyond Confidential Information, such conduct will constitute a breach of the confidence and trust bestowed upon the Company by Far Beyond and the FB Shareholders and will constitute a breach of this Agreement and render the Company responsible for any and all damages suffered by Far Beyond and/or the FB Shareholders as a result thereof. (4) Provided, however, notwithstanding the foregoing, the terms of this subsection (c) shall not be applicable to any information which the Company is compelled to disclose by judicial or administrative process or by other requirements of law (including, without limitation, in connection with obtaining the necessary approvals of the Exchange of governmental or regulatory authorities), except that the Company shall procure the confidential treatment of any Far Beyond Confidential Information which it is compelled to disclose by this Section 9(c)(4) and that access thereto shall be strictly restricted to persons to whom such judicial and administrative process requires. In the event of any such disclosure of any Far Beyond Confidential Information, Far Beyond and the FB Shareholders shall have the right to petition any court of competent jurisdiction for any remedy or order (interim or otherwise) for the protection of confidentiality of such Far Beyond Confidential Information.

NON-DISCLOSURE; THE COMPANY. (1) The Company, for itself, its officers, employees, directors, agents, affiliates, subsidiaries, independent contractors, and related parties, including Horler (all of whom are to be deemed included in any reference herein to the Company) agrees that it will not at any time during or after the termination or expiration of this Agreement, except as authorized or directed herein or in writing by Far Beyond Feishang and/or the FB ShareholdersFeishang Shareholder, use for the Company's own benefit, copy, reveal, sell, exchange or give away, disclose, divulge or make known or available in any manner to any person, firm, corporation or other entity (whether or not the Company receives any benefit therefrom), any Far Beyond Feishang Confidential Information. (2) The Company will take all actions necessary to ensure that the Far Beyond Feishang Confidential Information is maintained as secret and confidential and its disclosure shall only be made to the extent necessary, to a limited group of the Company's employees, officers and/or directors who are actually engaged in the evaluation of the Far Beyond Feishang Confidential Information; provided however, the Company acknowledges and agrees that it shall be responsible and held liable for the actions or inactions of such employees, officers and directors (regardless whether or not such actions or inactions are within their scope of employment) with respect to the maintenance of the secrecy and confidentiality of the Far Beyond Feishang Confidential informationInformation. (3) The Company understands that if it discloses to others, use for its own benefit (other than as part of an agreement with Far Beyond Feishang and the FB ShareholdersFeishang Shareholder, which expressly provides for such use) or for the benefit of any person or entity other than Far Beyond Feishang and/or the FB ShareholdersFeishang Shareholder, copies or makes notes of any such Far Beyond Feishang Confidential Information, such conduct will constitute a breach of the confidence and trust bestowed upon the Company by Far Beyond Feishang and the FB Shareholders Feishang Shareholder and will constitute a breach of this Agreement and render the Company responsible for any and all damages suffered by Far Beyond Feishang and/or the FB Shareholders Feishang Shareholder as a result thereof. (4) Provided, however, notwithstanding the foregoing, the terms of this subsection (c) shall not be applicable to any information which the Company is compelled to disclose by judicial or administrative process or by other requirements of law (including, without limitation, in connection with obtaining the necessary approvals of the Exchange of governmental or regulatory authoritiesauthorities for the Exchange), except that the Company shall procure the confidential treatment of any Far Beyond Feishang Confidential Information which it is compelled to disclose by this Section 9(c)(411(c)(4) and that access thereto shall be strictly restricted to persons to whom such judicial and administrative process requires. In the event of any such disclosure of any Far Beyond Feishang Confidential Information, Far Beyond Feishang and the FB Shareholders Feishang Shareholder shall have the right to petition any court of competent jurisdiction for any remedy or order (interim or otherwise) for the protection of confidentiality of such Far Beyond Feishang Confidential Information.

NON-DISCLOSURE; THE COMPANY. (1) The Company, for itself, its officers, employees, directors, agents, affiliates, subsidiaries, independent contractors, and related parties, including Horler (all of whom are to be deemed included in any reference herein to the Company) agrees that it will not at any time during or after the termination or expiration of this Agreement, except as authorized or directed herein or in writing by Far Beyond Gamma and/or the FB Shareholders, use for the Company's own benefit, copy, reveal, sell, exchange or give away, disclose, divulge or make known or available in any manner to any person, firm, corporation or other entity (whether or not the Company receives any benefit therefrom), any Far Beyond Gamma Confidential Information. (2) The Company will take all actions necessary to ensure that the Far Beyond Gamma Confidential Information is maintained as secret and confidential and its disclosure shall only be made to the extent necessary, to a limited group of the Company's employees, officers and/or directors who are actually engaged in the evaluation of the Far Beyond Gamma Confidential Information; provided however, the Company acknowledges and agrees that it shall be responsible and held liable for the actions or inactions of such employees, officers and directors (regardless whether or not such actions or inactions are within their scope of employment) with respect to the maintenance of the secrecy and confidentiality of the Far Beyond Gamma Confidential information. (3) The Company understands that if it discloses to others, use for its own benefit (other than as part of an agreement with Far Beyond Gamma and the FB Shareholders, which expressly provides for such use) or for the benefit of any person or entity other than Far Beyond Gamma and/or the FB Shareholders, copies or makes notes of any such Far Beyond Gamma Confidential Information, such conduct will constitute a breach of the confidence and trust bestowed upon the Company by Far Beyond Gamma and the FB Shareholders and will constitute a breach of this Agreement and render the Company responsible for any and all damages suffered by Far Beyond Gamma and/or the FB Shareholders as a result thereof. (4) Provided, however, notwithstanding the foregoing, the terms of this subsection (c) shall not be applicable to any information which the Company is compelled to disclose by judicial or administrative process or by other requirements of law (including, without limitation, in connection with obtaining the necessary approvals of the Exchange of governmental or regulatory authorities), except that the Company shall procure the confidential treatment of any Far Beyond Gamma Confidential Information which it is compelled to disclose by this Section 9(c)(4) and that access thereto shall be strictly restricted to persons to whom such judicial and administrative process requires. In the event of any such disclosure of any Far Beyond Gamma Confidential Information, Far Beyond Gamma and the FB Shareholders shall have the right to petition any court of competent jurisdiction for any remedy or order (interim or otherwise) for the protection of confidentiality of such Far Beyond Gamma Confidential Information.

NON-DISCLOSURE; THE COMPANY. (1) The Company, for itself, its officers, employees, directors, agents, affiliates, subsidiaries, independent contractors, and related parties, including Horler parties (all of whom are to be deemed included in any reference herein to the Company) agrees that it will not at any time during or after the termination or expiration of this Agreement, except as authorized or directed herein or in writing by Far Beyond TGC and/or the FB Shareholders, use for the Company's ’s own benefit, copy, reveal, sell, exchange or give away, disclose, divulge or make known or available in any manner to any person, firm, corporation or other entity (whether or not the Company receives any benefit therefrom), any Far Beyond TGC Confidential Information. (2) The Company will take all actions necessary to ensure that the Far Beyond TGC Confidential Information is maintained as secret and confidential and its disclosure shall only be made made, to the extent necessary, to a limited group of the Company's ’s employees, officers and/or directors who are actually engaged in the evaluation of the Far Beyond TGC Confidential Information; provided provided, however, the Company acknowledges and agrees that it shall be responsible and held liable for the actions or inactions of such employees, officers and directors (regardless whether or not such actions or inactions are within their scope of employment) with respect to the maintenance of the secrecy and confidentiality of the Far Beyond TGC Confidential informationInformation. (3) The Company understands that if it discloses to others, use for its own benefit (other than as part of an agreement with Far Beyond TGC and the FB Shareholders, which expressly provides for contemplates such use) or for the benefit of any person or entity other than Far Beyond TGC and/or the FB Shareholders, copies or makes notes of any such Far Beyond TGC Confidential Information, such conduct will constitute a breach of the confidence and trust bestowed upon the Company by Far Beyond TGC and the FB Shareholders and will constitute a breach of this Agreement and render the Company responsible for any and all damages suffered by Far Beyond TGC and/or the FB Shareholders as a result thereof. (4) Provided, however, notwithstanding the foregoing, the terms of this subsection (c) shall not be applicable to any information which the Company is compelled to disclose by judicial or administrative process or by other requirements of law (including, without limitation, in connection with obtaining the necessary approvals of the Exchange of governmental or regulatory authorities), except that the Company shall procure the confidential treatment of any Far Beyond Confidential Information which it is compelled to disclose by this Section 9(c)(4) and that access thereto shall be strictly restricted to persons to whom such judicial and administrative process requires. In the event of any such disclosure of any Far Beyond Confidential Information, Far Beyond and the FB Shareholders shall have the right to petition any court of competent jurisdiction for any remedy or order (interim or otherwise) for the protection of confidentiality of such Far Beyond Confidential Information.