Common use of Restrictions on Use of Confidential Information Clause in Contracts

Restrictions on Use of Confidential Information. Borrower and Lender agree not to use Confidential Information of the other for any purpose other than the fulfillment of its obligations under the Agreement. Except as set forth in clauses (c) and (d) of this Section 9.21, Borrower and Lender shall not disclose, publish, release, transfer or otherwise make available Confidential Information of the other in any form to, or for the use or benefit of, any Person without the other’s consent. Borrower and Lender shall, however, be permitted to disclose relevant aspects of the other’s Confidential Information to its officers, agents, subcontractors, and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Agreement and such disclosure is not prohibited by the GLB Act, the regulations promulgated thereunder or other applicable Law; provided, however, that Borrower and Lender shall take all reasonable measures to ensure that Confidential Information of the other is not disclosed or duplicated in contravention of these provisions by such officers, agents, subcontractors and employees. Borrower and Lender further agree promptly to advise the other in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated hereunder or other applicable Law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section.

Restrictions on Use of Confidential Information. Borrower Seller and Lender MBF agree not to use Confidential Information of the other for any purpose other than the fulfillment of its obligations under the Agreement. Except as set forth in clauses (c) Seller and (d) of this Section 9.21, Borrower and Lender MBF shall not disclose, publish, release, transfer or otherwise make available Confidential Information of the other in any form to, or for the use or benefit of, any Person person or entity without the other’s consent. Borrower Seller and Lender MBF shall, however, be permitted to disclose relevant aspects of the other’s Confidential Information to its officers, agents, subcontractors, and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Agreement and such disclosure is not prohibited by the GLB Act, the regulations promulgated thereunder or other applicable Lawlaw; provided, however, that Borrower Seller and Lender MBF shall take all reasonable measures to ensure that Confidential Information of the other is not disclosed or duplicated in contravention of these provisions by such officers, agents, subcontractors and employees. Borrower Seller and Lender MBF further agree promptly to advise the other in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated hereunder or other applicable Law law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section.

Restrictions on Use of Confidential Information. Borrower Seller and Lender MBF agree not to use Confidential Information of the other for any purpose other than the fulfillment of its obligations under the Agreement. Except as set forth in clauses (c) Seller and (d) of this Section 9.21, Borrower and Lender MBF shall not disclose, publish, release, transfer or otherwise make available Confidential Information of the other in any form to, or for the use or benefit of, any Person without the other’s consent. Borrower Seller and Lender MBF shall, however, be permitted to disclose relevant aspects of the other’s Confidential Information to its officers, agents, subcontractors, employees, attorneys, accountants and employees other professionals to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Agreement and such disclosure is not prohibited by the GLB Act, the regulations promulgated thereunder or other applicable Lawlaw; provided, however, that Borrower Seller and Lender MBF shall take all reasonable measures to ensure that Confidential Information of the other is not disclosed or duplicated in contravention of these provisions by such officers, agents, subcontractors subcontractors, employees, attorneys, accountants and other professionals, including, without limitation, the disclosure of Confidential Information related to Seller’s customers to Washington Mutual, MBF or their Affiliates, or the officers, agents, subcontractors, employees, attorneys, accountants and other professionals thereof, for any purpose other than the fulfillment of MBF’s obligations under the Agreement. Borrower Seller and Lender MBF further agree promptly to advise the other in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated hereunder or other applicable Law law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section.

Restrictions on Use of Confidential Information. Borrower Seller and Lender Buyer agree not to use Confidential Information of the other for any purpose other than the fulfillment of its obligations under the Agreement. Except as set forth in clauses (c) Seller and (d) of this Section 9.21, Borrower and Lender Buyer shall not disclose, publish, release, transfer or otherwise make available Confidential Information of the other in any form to, or for the use or benefit of, any Person without the other’s consent. Borrower Seller and Lender Buyer shall, however, be permitted to disclose relevant aspects of the other’s Confidential Information to its officers, agents, subcontractors, and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Agreement and such disclosure is not prohibited by the GLB Act, the regulations promulgated thereunder or other applicable Lawlaw; provided, however, that Borrower Seller and Lender Buyer shall take all reasonable measures to ensure that Confidential Information of the other is not disclosed or duplicated in contravention of these provisions by such officers, agents, subcontractors and employees. Borrower Additionally, Buyer may disclose any information about Seller, including Confidential Information, to each other. Seller and Lender Buyer further agree promptly to advise the other in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated hereunder or other applicable Law law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section.

Restrictions on Use of Confidential Information. Borrower Seller and Lender MBF agree not to use Confidential Information of the other for any purpose other than the fulfillment of its obligations under the Agreement. Except as set forth in clauses (c) Seller and (d) of this Section 9.21, Borrower and Lender MBF shall not disclose, publish, release, transfer or otherwise make available Confidential Information of the other in any form to, or for the use or benefit of, any Person without the other’s consent. Borrower Seller and Lender MBF shall, however, be permitted to disclose relevant aspects of the other’s Confidential Information to its officers, agents, subcontractors, and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Agreement and such disclosure is not prohibited by the GLB Act, the regulations promulgated thereunder or other applicable Lawlaw; provided, however, that Borrower Seller and Lender MBF shall take all reasonable measures to ensure that Confidential Information of the other is not disclosed or duplicated in contravention of these provisions by such officers, agents, subcontractors and employees. Borrower Seller and Lender MBF further agree promptly to advise the other in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated hereunder or other applicable Law law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section.