Common use of Recording; Confidentiality Clause in Contracts

Recording; Confidentiality. Tenant agrees not to record the within Lease, but each party hereto agrees, on the request of the other, to execute a so-called Notice of Lease or short form lease in form recordable and complying with applicable law and reasonably satisfactory to both Landlord’s and Tenant’s attorneys. In no event shall such document set forth rent or other charges payable by Tenant under this Lease; and any such document shall expressly state that it is executed pursuant to the provisions contained in this Lease, and is not intended to vary the terms and conditions of this Lease. Each party agrees that this Lease and the terms contained herein will be treated as strictly confidential and, except: (i) as required by law, court order, order of governmental authority, (ii) in connection with any dispute resolution proceeding between the parties, or (iii) with the written consent of the other party, neither party shall not disclose the same to any third party except for such party’s partners, investors, lenders, accountants and attorneys who have been advised of the confidentiality provisions contained herein and agree to be bound by the same. In the event either party is required or permitted to provide this Lease or disclose any of its terms, such party shall give the other party prompt notice of such requirement prior to making disclosure so that the other party may seek an appropriate protective order or attempt to take other action to prevent such disclosure. If a party fails to obtain the entry of a protective order or other means of preventing disclosure, and therefore the other party is compelled or permitted to make disclosure, the disclosing party shall only disclose portions of the Lease which the disclosing party is required or obligated to disclose and will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to the information so disclosed.

Appears in 2 contracts

Samples: Agreement (Carbon Black, Inc.), Agreement (Carbon Black, Inc.)

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Recording; Confidentiality. Tenant agrees not to record the within Leaselease, but each party hereto agrees, on the request of the other, to execute a so-called Notice of Lease or short in recordable form lease in form recordable and complying with applicable law laws of the State, and reasonably satisfactory to both Landlord’s and Tenant’s attorneys. In no event shall such document set forth rent the rental or other charges payable by Tenant under this Lease; and any such document shall expressly state that it is executed pursuant to the provisions contained in this Lease, and is not intended to vary the terms and conditions of this Lease. Each Further, each party hereto agrees upon the expiration or earlier termination of this Lease, on request of the other, to execute a Termination of Notice of Lease in recordable form and complying with applicable law and reasonably satisfactory to Landlord’s and Tenant’s attorney. Landlord and Tenant each agrees that this Lease and Lease, the terms contained herein and any information provided about the other party will be treated as strictly confidential and, except: (i) and except as required by law, court order, order of governmental authority, law (ii) in connection with any dispute resolution proceeding between the parties, or (iii) except with the written consent of the other party, neither ) such party shall not disclose the same to any third party except for such party’s partners, investorslenders, lendersbrokers, accountants and attorneys who have been advised of the confidentiality provisions contained herein and agree to be bound by the same. In the event either such party is required or permitted by law to provide this Lease or disclose any of its termsterms or any information about the other party, such party shall give the other party prompt notice of such requirement prior to making disclosure so that the other party may seek an appropriate protective order or attempt to take other action to prevent such disclosureorder. If a party fails to obtain failing the entry of a protective order or other means of preventing disclosure, and therefore the other such party is compelled or permitted to make disclosure, the disclosing such party shall only disclose portions of the Lease lease or such information which the disclosing such party is required or obligated to disclose and will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to the information so disclosed.

Appears in 1 contract

Samples: Indenture of Lease (Motus GI Holdings, Inc.)

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Recording; Confidentiality. Tenant agrees not to record the within Leaselease, but each party hereto agrees, on the request of the other, to execute a so-called Notice of Lease or short in recordable form lease in form recordable and complying with applicable law laws of the State, and reasonably satisfactory to both Landlord’s and Tenant’s attorneys. In no event shall such document set forth rent the rental or other charges payable by Tenant under this Lease; and any such document shall expressly state that it is executed pursuant to the provisions contained in this Lease, and is not intended to vary the terms and conditions of this Lease. Each Further, each party hereto agrees upon the expiration or earlier termination of this Lease, on request of the other, to execute a Termination of Notice of Lease in recordable form and complying with applicable law and reasonably satisfactory to Landlord’s and Tenant’s attorney. Landlord and Tenant each agrees that this Lease and Lease, the terms contained herein and any information provided about the other party (including, without limitation and if applicable, any intellectual property of Tenant or information regarding work performed in the Leased Premises by Tenant) will be treated by Landlord as strictly confidential and except as required by law (or except with the written consent of Tenant) will be treated as strictly confidential and, except: (i) and except as required by law, court order, order of governmental authority, law (ii) in connection with any dispute resolution proceeding between the parties, or (iii) except with the written consent of the other party, neither ) such party shall not disclose the same to any third party except for such party’s partners, investorslenders, lendersbrokers, accountants and attorneys who have been advised of the confidentiality provisions contained herein and agree to be bound by the same. In the event either such party is required or permitted by law to provide this Lease or disclose any of its termsterms or any information about the other party, such party shall give the other party prompt notice of such requirement prior to making disclosure so that the other party may seek an appropriate protective order or attempt to take other action to prevent such disclosureorder. If a party fails to obtain failing the entry of a protective order or other means of preventing disclosure, and therefore the other such party is compelled or permitted to make disclosure, the disclosing such party shall only disclose portions of the Lease lease or such information which the disclosing such party is required or obligated to disclose and will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded to the information so disclosed. Landlord acknowledges and agrees that, notwithstanding the foregoing and without any right of Landlord to contest or any consent from Landlord, Tenant may make the entire Lease (or any portion thereof) public in connection with any securities filings, offerings, or listings in connection with Tenant being a public company.

Appears in 1 contract

Samples: Indenture of Lease (Keros Therapeutics, Inc.)

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