Common use of Ownership and Non-Disclosure Clause in Contracts

Ownership and Non-Disclosure. As between them, Manager and Owner each own the Hotel Data that is actually in their respective possession, and each of them, and their respective Affiliates and any Third Parties who have lawfully obtained Hotel Data, may use it without Manager or Owner being in default of this Agreement. If, upon the termination or expiration of this Agreement, Owner has not retained any Guest Data in its possession, Manager, at Owner’s request, will use reasonable efforts to provide the history of guests’ stays at the Hotel for the most recent 12 months, together with their names, addresses and telephone numbers. Reasonable efforts do not include manually copying the information or developing ways to retrieve this information from HARMONY that do not exist at the time of the request. As between Manager and Owner, Manager owns all other Confidential and Proprietary System Information. Owner will make no claim and has no rights with respect to such information other than those that are granted in this Agreement. Owner will divulge Confidential and Proprietary System Information only to Persons who must have access to such information in order to perform their responsibilities with respect to this Agreement or the Construction or Operation of the Hotel. Owner will use all reasonable means to protect the confidentiality of the Confidential and Proprietary System Information and will not communicate or make it available to, or use it for the benefit of, any unauthorized Persons. Manager shall not disclose to Third Parties or publish to the general public the financial or operating results of the Hotel without the prior written approval of Owner; provided, however, that Manager may make such disclosures of such information to its auditors and attorneys as reasonably required in the course of its business and may combine information concerning the Hotel’s financial and operating results with similar information concerning other System Hotels and disclose such combined data and information to hospitality research services, such as Xxxxx Travel Research, Inc., to its auditors and attorneys and to the extent required as part of its franchise disclosure obligations. The provisions of this Section 15.3 shall not preclude Owner or Manager from making any disclosure as and to the extent required by applicable law.

Ownership and Non-Disclosure. As between them, Manager and Owner each own the Hotel Data that is actually in their respective possession, and each of them, and their respective Affiliates and any Third Parties who have lawfully obtained Hotel Data, may use it without Manager or Owner being in default of this Agreement. If, upon the termination or expiration of this Agreement, Owner has not retained any Guest Data in its possession, Manager, at Owner’s request, will use reasonable efforts to provide the history of guests’ stays at the Hotel for the most recent 12 months, together with their names, addresses and telephone numbers. Reasonable efforts do not include manually copying the information or developing ways to retrieve this information from HARMONY that do not exist at the time of the request. As between Manager and Owner, Manager owns all other Confidential and Proprietary System Information. Owner will make no claim and has no rights with respect to such information other than those that are granted in this Agreement. Owner will divulge Confidential and Proprietary System Information only to Persons who must have access to such information in order to perform their responsibilities with respect to this Agreement or the Construction or Operation of the Hotel. Owner will use all reasonable means to protect the confidentiality of the Confidential and Proprietary System Information and will not communicate or make it available to, or use it for the benefit of, any unauthorized Persons. Manager shall not disclose to Third Parties or publish to the general public the financial or operating results of the Hotel without the prior written approval of Owner; provided, however, that Manager may make such disclosures of such information to its auditors and attorneys as reasonably required in the course of its business and may combine information concerning the Hotel’s financial and operating results with similar information concerning other System Hotels and disclose such combined data and information to hospitality research services, such as Xxxxx Travel Research, Inc., ; to its auditors and attorneys and to the extent required as part of its franchise disclosure obligations. The provisions of this Section 15.3 shall not preclude Owner or Manager from making any disclosure as and to the extent required by applicable law.

Ownership and Non-Disclosure. As between them, Manager and Owner each own the Hotel Data that is actually in their respective possession, and each of them, and their respective Affiliates and any Third Parties who have lawfully obtained Hotel Data, may use it without Manager or Owner being in default of this Agreement. If, upon the termination or expiration of this Agreement, Owner has not retained any Guest Data in its possession, Manager, at Owner’s request, will use reasonable efforts to provide the history of guests’ stays at the Hotel for the most recent 12 months, together with their names, addresses and telephone numbers. Reasonable efforts do not include manually copying the information or developing ways to retrieve this information from HARMONY that do not exist at the time of the request. As between Manager and Owner, Manager owns all other Confidential and Proprietary System Information. Owner will make no claim and has no rights with respect to such information other than those that are granted in this Agreement. Owner will divulge Confidential and Proprietary System Information only to Persons who must have access to such information in order to perform their responsibilities with respect to this Agreement or the Construction or Operation of the Hotel. Owner will use all reasonable means to protect the confidentiality of the Confidential and Proprietary System Information and will not communicate or make it available to, or use it for the benefit of, any unauthorized Persons. Manager shall not disclose to Third Parties or publish to the general public the financial or operating results of the Hotel without the prior written approval of Owner; provided, however, that Manager may make such disclosures of such information to its auditors and attorneys as reasonably required in the course of its business and may combine information concerning the Hotel’s financial and operating results with similar information concerning other System Hotels and disclose such combined data and information to hospitality research services, such as Xxxxx Travel Research, Inc., to its auditors and attorneys and to the extent required as part of its franchise disclosure obligations. The provisions of this Section 15.3 shall not preclude Owner or Manager from making any disclosure as and to the extent required by applicable law.this