Common use of Ownership of Information and Materials Clause in Contracts

Ownership of Information and Materials. The Owner shall have the -------------------------------------- right to use, without further compensation to the Manager, all written data and information generated by or for the Manager in connection with the Project or supplied to the Manager by the Owner or the Owner's contractors or agents, and all drawings, plans, books, records, contracts, agreements and all other documents and writings in its possession relating to its services or the Project. Such data and information shall at all times be the property of the Owner. The Manager agrees, for itself and all persons retained or employed by the Manager in performing its services, to hold in confidence and not to use or disclose to others any confidential or proprietary information of the Owner which is heretofore or hereafter disclosed to the Manager or any such persons and which is designated by the Owner as confidential and proprietary, including but not limited to any proprietary or confidential data, information, plans, programs, plants, processes, equipment, costs, operations, tenants or customers which may come within the knowledge of the Manager or any such persons in the performance of, or as a result of, its services, except where (i) the Owner specifically authorizes the Manager to disclose any of the foregoing to others or such disclosure reasonably results from the performance of the Manager's duties hereunder, or (ii) such written data or information shall have theretofore been made publicly available by parties other than the Manager or any such persons. Nothing contained in this Section 9.7 shall be deemed to limit or restrict the provisions of Article 15 hereof or of the rights of the Manager thereunder.

Ownership of Information and Materials. The Subject to any agreement with third parties executed (or approved in writing) by Owner, Owner shall have the -------------------------------------- right to use, without further compensation to the ManagerDeveloper, all written data and information generated by or for the Manager Developer in connection with the Project or supplied to the Manager Developer by the Owner or the Owner's ’s contractors or agents, and all drawings, plans, books, records, contracts, agreements and all other documents and writings in its possession relating to its services or the Project. Such data and information shall at all times be the property of the Owner. The Manager Developer agrees, for itself and all persons retained or employed by the Manager Developer in performing its services, to hold in confidence and not to use or disclose to others any confidential or proprietary information of the Owner which is heretofore or hereafter disclosed to the Manager Developer or any such persons and which is designated by the Owner as confidential and proprietary, including but not limited to any proprietary or confidential data, information, plans, programs, plants, processes, equipment, costs, operations, tenants or customers which may come within the knowledge of the Manager Developer or any such persons in the performance of, or as a result of, its services, except where (ia) the Owner specifically authorizes the Manager Developer to disclose any of the foregoing to others or such disclosure reasonably results from the performance of the Manager's Developer’s duties hereunder, or (iib) such written data or information shall have theretofore been made publicly available by parties other than the Manager Developer or any such persons. Nothing contained , or (c) Developer is required by law to disclose such information (provided that in this Section 9.7 such case Developer shall be deemed to limit or restrict the provisions of Article 15 hereof or give Owner prior notice of the rights of the Manager thereunderrequest for disclosure and shall cooperate with Owner in obtaining a protective order or other remedy at Owner’s expense).

Ownership of Information and Materials. The Owner shall have the -------------------------------------- right to use, without further compensation to the ManagerDeveloper, all written data and information generated by or for the Manager Developer in connection with the Project or supplied to the Manager Developer by the Owner or the Owner's contractors or agents, and all drawings, plans, books, records, contracts, agreements and all other documents and writings in its possession relating to its services or the Project. Such data and information shall at all times be the property of the Owner. The Manager Developer agrees, for itself and all persons retained or employed by the Manager Developer in performing its services, to hold in confidence and not to use or disclose to others any confidential or proprietary information of the Owner which is heretofore or hereafter disclosed to the Manager Developer or any such persons and which is designated by the Owner as confidential and proprietary, including but not limited to any proprietary or confidential data, information, plans, programs, plants, processes, equipment, costs, operations, tenants or customers which may come within the knowledge of the Manager Developer or any such persons in the performance of, or as a result of, its services, except where (i) the Owner specifically authorizes the Manager Developer to disclose any of the foregoing to others or such disclosure reasonably results from the performance of the ManagerDeveloper's duties hereunder, or (ii) such written data or information shall have theretofore been made publicly available by parties other than the Manager Developer or any such persons, or (iii) Developer is required by law to disclose such information (provided that in such case Developer shall give Owner prior notice of the request for disclosure and shall cooperate with Owner in obtaining a protective order or other remedy at Owner's expense). Nothing contained in this Section 9.7 shall be deemed to limit or restrict the provisions of Article 15 14 hereof or of the rights of the Manager Developer thereunder.