Common use of Nondisclosure by Eastern Clause in Contracts

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the Companies, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the Companies. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the Companies, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the Companies. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the CompaniesCompany, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the CompaniesCompany. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers Seller shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers Seller from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the Xxxx Companies, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the Xxxx Companies. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and acknowledges ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the CompaniesCompany, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the CompaniesCompany. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers Seller shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers Seller from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the Companies, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the Companies. Eastern agrees that it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers Seller shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers Seller from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.

Nondisclosure by Eastern. Eastern recognizes and ------------------------ acknowledges that it has in the past, currently has, and prior to the Closing Date, will have access to certain confidential information of the Xxxxxxx Companies, such as lists of customers, operational policies, and pricing and cost policies that are valuable, special and unique assets of the Xxxxxxx Companies. Eastern agrees that for a period of ten (10) years from the Closing Date it will not utilize such information in the business or operation of Eastern or any of its affiliates or, except as required by law, or disclose such confidential information to any person, firm, corporation, association, or other entity for any purpose or reason whatsoever, unless (i) such information becomes known to the public generally through no fault of Eastern or any of its affiliates, (ii) Eastern is compelled to disclose such information by a governmental entity or pursuant to a court proceeding, or (iii) Closing takes place. In the event of a breach or threatened breach by Eastern of the provisions of this Section, Sellers shall be entitled to an injunction restraining Eastern from utilizing or disclosing, in whole or in part, such confidential information. Nothing contained herein shall be construed as prohibiting Sellers from pursuing any other available remedy for such breach or threatened breach, including, without limitation, the recovery of damages.