Common use of Return of Information; Indemnity Clause in Contracts

Return of Information; Indemnity. Upon the termination or expiration of this Agreement, or upon the request of the disclosing Party, the other Party shall promptly return all Confidential Information received in connection with this Agreement, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof), to the extent permitted by law, and shall further provide the other Party with written confirmation of such return or destruction upon request. In the event a Party discovers that Confidential Information has been used in an unauthorized manner or disclosed in violation of this Section, the Party discovering the unauthorized use or disclosure shall immediately notify the other Party of such event, and the Party who allowed the Confidential Information to be used in an unauthorized manner or disclosed in violation of this Section shall indemnify and hold the other Party harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, the non-disclosing Party shall be entitled to all other remedies available at law or equity, including injunctive relief.

Appears in 1 contract

Samples: Marketing, Promotion, Distribution and Related Services Agreement (E Loan Inc)

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Return of Information; Indemnity. Upon the termination or expiration of this Agreement, or upon the request of the disclosing Partyparty, the other Party party shall promptly return all Confidential Information received in connection with this Agreementthe transaction, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof), to the extent permitted by law, ) and shall further provide the other Party party with written confirmation of such return or destruction upon request. In the event a Party party discovers that Confidential Information has been used in an unauthorized manner or disclosed in violation of this Section, the Party party discovering the unauthorized use or disclosure shall immediately notify the other Party party of such event, and the Party who allowed the Confidential Information to be used in an unauthorized manner or disclosed in violation of this Section disclosing party shall indemnify and hold the other Party party harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, the non-disclosing Party party shall be entitled to all other remedies available at law or equity, including injunctive relief. The provisions of this Section 7.2.3 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Processing Agreement (Prosper Marketplace Inc)

Return of Information; Indemnity. Upon the termination or expiration of this Agreement, or upon the request of the disclosing Party, the other receiving Party shall promptly return all Confidential Information received in connection with this Agreementthe transaction, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof), to the extent permitted by law, ) and shall further provide the other disclosing Party with written confirmation of such return or destruction upon request. In the event a Party discovers that Confidential Information has been used in an unauthorized manner or disclosed in violation of this Section, the Party discovering the unauthorized use or disclosure shall immediately notify the other Party Parties of such event, and the receiving Party who allowed the Confidential Information to be used in an unauthorized manner or disclosed in violation of this Section shall indemnify and hold the other disclosing Party harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, the non-disclosing Party shall be entitled to all other remedies available at law or equity, including injunctive relief. The provisions of this Section 7.2.3 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Processing Agreement (Prosper Funding LLC)

Return of Information; Indemnity. Upon the termination or expiration of this AgreementAgreement (other than termination in relation to the occurrence of a Transfer Date), or upon the request of the disclosing Party, the other receiving Party shall promptly return all Confidential Information received in connection with this Agreementthe transaction, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof), to the extent permitted by law, ) and shall further provide the other disclosing Party with written confirmation of such return or destruction upon request. In the event a Party discovers that Confidential Information has been used in an unauthorized manner or disclosed in violation of this Section, the Party discovering the unauthorized use or disclosure shall immediately notify the other Party of such event, and the receiving Party who allowed the Confidential Information to be used in an unauthorized manner or disclosed in violation of this Section shall indemnify and hold the other disclosing Party harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, the non-disclosing Party shall be entitled to all other remedies available at law or equity, including injunctive relief. The provisions of this Section 7.2.3 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Processing Agreement (Prosper Funding LLC)

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Return of Information; Indemnity. Upon the termination or expiration of this Agreement, or upon the request of the disclosing Party, the other receiving Party shall promptly return all Confidential Information received in connection with this Agreementthe transaction, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof), to the extent permitted by law, ) and shall further provide the other disclosing Party with written confirmation of such return or destruction upon request. In the event a Party discovers that Confidential Information has been used in an unauthorized manner or disclosed in violation of this Section, the Party discovering the unauthorized use or disclosure shall immediately notify the other Party of such event, and the receiving Party who allowed the Confidential Information to be used in an unauthorized manner or disclosed in violation of this Section shall indemnify and hold the other disclosing Party harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, the non-disclosing Party shall be entitled to all other remedies available at law or equity, including injunctive relief. The provisions of this Section 7.2.3 shall survive termination of this Agreement.

Appears in 1 contract

Samples: Back Up Processing Agreement (Prosper Funding LLC)

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