Common use of QSI Clause in Contracts

QSI. QSI recognizes and acknowledges that QSI had in the past and currently has access to certain confidential information of the Company, such as operational policies, trade secrets, and pricing and cost policies that are valuable, special and unique assets of the Company's business. QSI agrees that, prior to the Closing, or if the transactions contemplated by this Agreement are not consummated, it will not disclose such confidential information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except (a) to authorized representatives of the Company, (b) to counsel and other advisers, provided, however, that such advisors (other than counsel) agree to the confidentiality provisions of this Section 13.2 and (c) to the Other Founding Companies and their representatives pursuant to Section 6.1(a), unless (i) such information becomes known to the public generally through no fault of QSI, (ii) disclosure is required by law or the order of any governmental authority under color of law, provided, however, that prior to disclosing any information pursuant to this clause (ii), QSI shall, unless otherwise required by law or such order, give two days' prior written notice thereof to the Company and the Stockholders and provide the Company and the Stockholders with the opportunity within such two-day period to contest such disclosure, or (iii) the disclosing party reasonably believes that such disclosure is required in connection with the defense of a lawsuit against the disclosing party. In the event of a breach or threatened breach by QSI of the provisions of this Section, the Company and the Stockholders shall be entitled to an injunction restraining QSI from disclosing, in whole or in part, such confidential information. Nothing herein shall be construed as prohibiting the Company and the Stockholders from pursuing any other available remedy for as such breach or threatened breach, including the recovery of damages.

QSI. QSI recognizes and acknowledges that QSI had in the past and currently has access to certain confidential information of the Company, such as operational policies, trade secrets, and pricing and cost policies that are valuable, special and unique assets of the Company's business. QSI agrees that, prior to the Closing, or if the transactions contemplated by this Agreement are not consummated, it will not disclose such confidential information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except (a) to authorized representatives of the Company, (b) to counsel and other advisers, provided, however, that such advisors (other than counsel) agree to the confidentiality provisions of this Section 13.2 and (c) to the Other Founding Companies and their representatives pursuant to Section 6.1(a), unless (i) such information becomes known to the public generally through no fault of QSI, (ii) disclosure is required by law or the order of any governmental authority under color of law, provided, however, that prior to disclosing any information pursuant to this clause (ii), QSI shall, unless otherwise required by law or such order, give two days' prior written notice thereof to the Company and the Stockholders Stockholder and provide the Company and the Stockholders Stockholder with the opportunity within such two-day period to contest such disclosure, or (iii) the disclosing party reasonably believes that such disclosure is required in connection with the defense of a lawsuit against the disclosing party. In the event of a breach or threatened breach by QSI of the provisions of this Section, the Company and the Stockholders Stockholder shall be entitled to an injunction restraining QSI from disclosing, in whole or in part, such confidential information. Nothing herein shall be construed as prohibiting the Company and the Stockholders Stockholder from pursuing any other available remedy for as such breach or threatened breach, including the recovery of damages.