Receiving Party's Duties. Receiving Party acknowledges that its access to and use of the digital data room and all Confidential Information contained therein is provided to Receiving Party solely in its capacity as a potential respondent to the RFO. Receiving Party shall access and use such Confidential Information solely for the purpose of preparing its response to the RFO, and shall not use such Confidential Information, directly or indirectly, for any other purpose. During the term of this NDA and at all times thereafter, Receiving Party shall not disclose, and shall maintain the confidentiality of, all Confidential Information. Receiving Party shall use at least the same degree of care to safeguard and to prevent disclosing to third parties Confidential Information as Receiving Party employs to avoid unauthorized disclosure, publication, dissemination, destruction, loss, or alteration of Receiving Party’s information of a similar nature, but not less than reasonable care. Receiving Party shall not use or make any copies of Confidential Information except as contemplated by this NDA, and shall not sell, assign, alter, transfer, lease, or otherwise dispose of Confidential Information to third parties or commercially exploit such information. Receiving Party shall not access, use, or transmit Confidential Information outside the continental United States. Receiving Party shall not be considered to have breached its obligations under this NDA for disclosing Confidential Information as required to satisfy any law, including the Texas Public Information Act (Chapter 552 of the Government Code), or other legal, accounting, or regulatory requirement of a competent government body, provided that, promptly upon receiving any such request and to the extent that it may legally do so, Receiving Party advises DIR of the Confidential Information to be disclosed and the identity of the third party requiring such disclosure prior to making such disclosure in order that DIR may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. Receiving Party shall, at its own costs, (i) promptly (but no later than three business days) notify DIR of any known possession, use, knowledge, disclosure, or loss of Confidential Information in contravention of this NDA; (ii) subject to any legal duty or obligation, including Receiving Party’s duties under the T...
Receiving Party's Duties a. During the term of this NDA and at all times thereafter, Receiving Party shall not disclose, and shall maintain the confidentiality of, all Confidential Information. Receiving Party shall use at least the same degree of care to safeguard and to prevent disclosing to third parties Confidential Information as it employs to avoid unauthorized disclosure, publication, dissemination, destruction, loss, or alteration of its own information (or information of its customers) of a similar nature, but not less than reasonable care. Receiving Party may disclose Confidential Information to its employees as and to the extent such disclosure is necessary for the performance of such person's or entity's obligations or otherwise naturally occurs in such person's or entity's scope of responsibility. Receiving Party assumes full responsibility for the acts or omissions of such person or entity and must take all reasonable measures to ensure that Confidential Information is not disclosed or used in contravention of this NDA.
b. Receiving Party shall not (i) make any use or copies of Confidential Information except as contemplated by this NDA, (ii) acquire any right in or assert any lien against Confidential Information, (iii) sell, assign, transfer, lease, or otherwise dispose of Confidential Information to third parties or commercially exploit such information, including through Derivative Works or
Receiving Party's Duties. During the term of this NDA and at all times thereafter, Receiving Party shall not disclose, and shall maintain the confidentiality of, all Confidential Information. Receiving Party shall use at least the same degree of care to safeguard and to prevent disclosing to third parties Confidential Information as it employs to avoid unauthorized disclosure, publication, dissemination, destruction, loss, or alteration of its own information (or information of its customers) of a similar nature, but not less than reasonable care. Receiving Party may disclose Confidential Information to its employees as and to the extent such disclosure is necessary for the performance of such person's or entity's obligations or otherwise naturally occurs in such person's or entity's scope of responsibility. Receiving Party assumes full responsibility for the acts or omissions of such person or entity and must take all reasonable measures to ensure that Confidential Information is not disclosed or used in contravention of this NDA.
