Common use of Retention of Assets Clause in Contracts

Retention of Assets. Notwithstanding anything to the contrary contained in this Agreement and without limiting Section 2.8, the Seller may retain, at its expense, one archival copy of all Assumed Contracts, Evamist Books and Records and other documents or materials conveyed hereunder, in each case, which the Seller in good faith determines it is reasonably likely to need access to in connection with performing its rights and obligations under this Agreement. Without limiting Section 2.8, access to such information shall be restricted to the Seller’s legal counsel and such employees of the Seller who have a “need to know” such information in connection therewith. Upon the final performance of its rights and obligations hereunder, Seller shall (i) if such materials relate solely to the Evamist Business, destroy or deliver to the Acquiror such materials, and (ii) if such materials relate to both the Evamist Business and any other business of Seller, redact, to the extent practicable, any portion of such materials that contain information relating solely to the Evamist Business, provided, however, if the Clinical Results Option is exercised, the Data Package will be excluded in the case of (i) and (ii) above.

Retention of Assets. Notwithstanding ------------------- anything to the contrary contained in this Agreement and without limiting Section 2.8, the Seller may retain, at its expense, one archival copy of all ----------- Assumed Contracts, Evamist Books and Records and other documents or materials conveyed hereunder, in each case, which the Seller in good faith determines it is reasonably likely to need access to in connection with performing its rights and obligations under this Agreement. Without limiting Section 2.8, ----------- access to such information shall be restricted to the Seller’s 's legal counsel and such employees of the Seller who have a “"need to know” " such information in connection therewith. Upon the final performance of its rights and obligations hereunder, Seller shall (i) if such materials relate solely to the Evamist Business, destroy or deliver to the Acquiror such materials, and (ii) if such materials relate to both the Evamist Business and any other business of Seller, redact, to the extent practicable, any portion of such materials that contain information relating solely to the Evamist Business, provided, however, if the Clinical Results Option is exercised, the Data Package will be excluded in the case of (i) and (ii) above.