Common use of Of Proprietary Information Clause in Contracts

Of Proprietary Information. Subject to Section 6.9(c) hereof, Seller acknowledges the confidential and proprietary nature of the Confidential Information of Buyer and its Affiliates and agrees that such Confidential Information (whether obtained before or after the date of this Agreement): (i) shall be kept confidential by Seller and the Company; (ii) shall not be directly or indirectly used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this Agreement; and (iii) without limiting the foregoing, shall not be disclosed by Seller to any Person, except in each case as otherwise expressly permitted or contemplated by this Agreement or with the prior written consent of Buyer. Seller shall disclose the Confidential Information of Buyer or its Affiliates only to its Representatives who require such material for the purpose of evaluating the transactions contemplated hereby and are informed by Seller of the obligations of this Section 6.9 with respect to such information. Seller shall (x) enforce the terms of this Section 6.9 as to its Representatives; (y) take such actions as are necessary to cause its Representatives to comply with the terms and conditions of this Section 6.9; and (z) be responsible and liable for any breach of the provisions of this Section 6.9 by its Representatives. From and after the Closing, the provisions of Section 13.2 shall control the treatment of the Confidential Information of Buyer and its Affiliates.

Of Proprietary Information. Subject to Section 6.9(c) hereof, Seller Buyer acknowledges the confidential and proprietary nature of the Confidential Information of Buyer Seller, the Miltex Companies and its Affiliates the Business and agrees that that, from the date hereof until the earlier of (w) the Closing or (x) two years after the date of termination of this Agreement such Confidential Information (whether obtained before or after the date of this Agreement): ) (i) shall be kept confidential by Seller and the Company; (ii) shall not be directly or indirectly used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this AgreementBuyer; and (iiiii) without limiting the foregoing, shall not be disclosed by Seller Buyer to any Person, except in each case as otherwise expressly permitted or contemplated by this Agreement or Agreement, with the prior written consent of BuyerSeller or as required by law. Seller Buyer shall disclose the Confidential Information of Buyer Seller, the Miltex Companies or its Affiliates the Business only to its Representatives who require such material for the purpose of evaluating the transactions contemplated hereby and are informed by Seller Buyer of the obligations of this Section 6.9 7.2 with respect to such information. Seller Buyer shall (xy) enforce the terms of this Section 6.9 7.2 as to its Representatives; (yz) take such actions as are action to the extent necessary to cause its Representatives to comply with the terms and conditions of this Section 6.97.2; and (z) be responsible and liable for any breach of the provisions of this Section 6.9 7.2 by it or its Representatives. In any case, if the Closing does not occur, such Confidential Information shall not be used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this Agreement. From and after the Closing, if it occurs, the provisions of Section 13.2 13.1 shall control the treatment of the Confidential Information of Buyer Seller, the Miltex Companies and its Affiliatesthe Business.

Of Proprietary Information. Subject to Section 6.9(c) hereof, Seller acknowledges the confidential and proprietary nature of the Confidential Information of Buyer and its Affiliates and agrees that from the date hereof until the earlier of (x) the Closing or (y) two years after the date of termination of this Agreement such Confidential Information (whether obtained before or after the date of this Agreement): (i) shall be kept confidential by Seller and the Company; (ii) shall not be directly or indirectly used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this AgreementMiltex Companies; and (iiiii) without limiting the foregoing, shall not be disclosed by Seller to any Person, except in each case as otherwise expressly permitted or contemplated by this Agreement or Agreement, with the prior written consent of BuyerBuyer or as required by law. Seller shall disclose the Confidential Information of Buyer or its Affiliates only to its Representatives who require such material for the purpose of evaluating the transactions contemplated hereby and are informed by Seller of the obligations of this Section 6.9 with respect to such information. Seller shall (x) enforce the terms of this Section 6.9 as to its Representativesthe Representatives of Seller; (y) take such actions as are necessary to cause its the Representatives of Seller to comply with the terms and conditions of this Section 6.9; and (z) be responsible and liable for any breach of the provisions of this Section 6.9 by its RepresentativesSeller or the Representatives of Seller. In any case, such Confidential Information shall not be used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this Agreement. From and after the Closing, if it occurs, the provisions of Section 13.2 13.1 shall control the treatment of the Confidential Information of Buyer and its Affiliates.

Of Proprietary Information. Subject to Section 6.9(c) hereof, Seller Buyer acknowledges the confidential and proprietary nature of the Confidential Information of Buyer Seller, the Company and its Affiliates the Business and agrees that such Confidential Information (whether obtained before or after the date of this Agreement): ) (i) shall be kept confidential by Seller and the CompanyBuyer; (ii) shall not be directly or indirectly used for any reason or purpose other than to evaluate and consummate the transactions contemplated by this Agreement; and (iii) without limiting the foregoing, shall not be disclosed by Seller Buyer to any Person, except in each case as otherwise expressly permitted or contemplated by this Agreement or with the prior written consent of BuyerSeller. Seller Buyer shall disclose the Confidential Information of Buyer Seller, the Company or its Affiliates the Business only to its Representatives who require such material for the purpose of evaluating the transactions contemplated hereby and are informed by Seller Buyer of the obligations of this Section 6.9 7.3 with respect to such information. Seller Buyer shall (xy) enforce the terms of this Section 6.9 7.3 as to its Representatives; (yx) take such actions as are action to the extent necessary to cause its Representatives to comply with the terms and conditions of this Section 6.97.3; and (z) be responsible and liable for any breach of the provisions of this Section 6.9 7.3 by it or its Representatives. From and after the Closing, the provisions of Section 13.2 shall control the treatment of the Confidential Information of Buyer Seller, the Company and its Affiliatesthe Business.