Purchaser's Obligation To Maintain Information Confidential. Information respecting the Assets shall be retained in confidence and used only for the purposes of this acquisition, provided that upon Closing, the Purchaser's rights to use or disclose such information shall be subject only to any operating, unit or other agreements that may apply thereto. Any additional information obtained as a result of such access which does not relate to the Assets shall continue to be treated as confidential and shall not be used by the Purchaser without the prior written consent of the Vendor. However, the restrictions on disclosure and use of information in this Agreement shall not apply to information to the extent it: (a) is or becomes publicly available through no act or omission of the Purchaser or its consultants or advisors; (b) is subsequently obtained lawfully from a third party, which, after reasonable inquiry, the Purchaser does not know to be bound to the Vendor to restrict the use of disclosure of such information; or (c) is already in the Purchaser's possession at the time of disclosure, without restriction on disclosure. However, specific items of information shall not be considered to be in the public domain merely because more general information respecting the Assets is in the public domain.
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Samples: Asset Purchase Agreement (Terra Nostra Resources LTD), Asset Purchase Agreement (Stone Canyon Resources LTD)
Purchaser's Obligation To Maintain Information Confidential. Information respecting the Assets shall be retained in confidence and used only for the purposes of this acquisitionacquisition and shall not be disclosed, used, dealt with or exploited by Purchaser for any other purpose, provided that upon Closing, the Purchaser's rights to use or disclose such information shall be subject only to any operating, unit or other agreements that may apply thereto. Any additional information obtained as a result of such access which does not relate to the Assets shall continue to be treated as confidential and shall not be used disclosed, used, dealt with or exploited by the Purchaser without the prior written consent of the Vendor. However, the restrictions on disclosure and use of information in this Agreement shall not apply to information to the extent it:
(a) is or becomes publicly available through no act or omission of the Purchaser or its consultants or advisors;
(b) is subsequently obtained lawfully from a third party, which, after reasonable inquiry, the Purchaser does not know to be bound to the Vendor to restrict the use of or disclosure of such information; or
(c) is already in the Purchaser's possession at the time of disclosure, without restriction on disclosure. However, specific items of information shall not be considered to be in the public domain merely because more general information respecting the Assets is in the public domain.
Appears in 1 contract
Purchaser's Obligation To Maintain Information Confidential. Information respecting the Assets shall be retained in confidence and used only for the purposes of this acquisition, provided that upon Closing, the Purchaser's rights to use or disclose such information shall be subject only to any operating, unit or other agreements that may apply thereto. Any additional information obtained as a result of such access which does not relate to the Assets shall continue to be treated as confidential and shall not be used by the Purchaser without the prior written consent of the Vendor. However, the restrictions on disclosure and use of information in this Agreement shall not apply to information to the extent it:
(a1) is or becomes publicly available through no act or omission of the Purchaser or its consultants or advisors;
(b2) is subsequently obtained lawfully from a third party, which, after reasonable inquiry, the Purchaser does not know to be bound to the Vendor to restrict the use of or disclosure of such information; or
(c3) is already in the Purchaser's possession at the time of disclosure, without restriction on disclosure. However, specific items of information shall not be considered to be in the public domain merely because more general information respecting the Assets is in the public domain.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Exco Resources Inc)
Purchaser's Obligation To Maintain Information Confidential. Information respecting the Assets shall be retained in confidence and used only for the purposes of this acquisition, provided that upon Closing, the Purchaser's ’s rights to use or disclose such information shall be subject only to any operating, unit or other agreements that may apply thereto. Any additional information obtained as a result of such access which does not relate to the Assets shall continue to be treated as confidential and shall not be used by the Purchaser without the prior written consent of the Vendor. However, the restrictions on disclosure and use of information in this Agreement shall not apply to information to the extent it:
(a) is or becomes publicly available through no act or omission of the Purchaser or its consultants or advisors;
(b) is subsequently obtained lawfully from a third party, which, after reasonable inquiry, the Purchaser does not know to be bound to the Vendor to restrict the use of or disclosure of such information; or
(c) is already in the Purchaser's ’s possession at the time of disclosure, without restriction on disclosure. However, specific items of information shall not be considered to be in the public domain merely because more general information respecting the Assets is in the public domain.
Appears in 1 contract
Purchaser's Obligation To Maintain Information Confidential. Information respecting the Assets shall be retained in confidence and used only for the purposes of this acquisitionacquisition and shall not be disclosed, used, dealt with or exploited by Purchaser for any other purpose, provided that upon Closing, the Purchaser's rights to use or disclose such information shall be subject only to any operating, unit or other agreements that may apply thereto. Any additional information obtained as a result of such access which does not relate to the Assets shall continue to be treated as confidential and shall not be used disclosed, used, dealt with or exploited by the Purchaser without the prior written consent of the Vendor. However, the restrictions on disclosure and use of information in this Agreement shall not apply to information to the extent it:
(a) is or becomes publicly available through no act or omission of the Purchaser or its consultants or advisors;
(b) is subsequently obtained lawfully from a third party, which, after reasonable inquiry, the Purchaser does not know to be bound to the Vendor to restrict the use of or disclosure of such information; or
(c) is already in the Purchaser's possession at the time of disclosure, without restriction on disclosure. However, specific items of information shall not be considered to be in the public domain merely because more general information respecting the Assets is in the public domain.
Appears in 1 contract