Common use of Return or Destruction of Evaluation Material Clause in Contracts

Return or Destruction of Evaluation Material. Upon the earlier of (i) the Company’s written demand to the Reviewer and (ii) termination of this Agreement, the Reviewer agrees to promptly return or destroy and certify to its destruction all Evaluation Material and all handwritten summaries, notes or self-generated computer records of any items of Evaluation Material previously delivered to Reviewer or provided by the Reviewer to any Representative. Notwithstanding the foregoing, the Reviewer may retain one copy of the Evaluation Material if required by law, regulation or mandated by bona fide corporate policy, and will continue to treat the Evaluation Material in accordance with the terms of this Agreement. Furthermore, with regard to Evaluation Material in electronic form which is difficult to extract, Reviewer may retain such Evaluation Material in accordance with a bona fide, pre-existing internal document retention or disaster recovery policy applied in the usual and ordinary course of business and shall continue to treat such Evaluation Material in accordance with the terms of this Agreement. All of the Reviewer's obligations hereunder and all of the Company's rights and remedies hereunder with respect to any retained Evaluation Material shall survive termination of this Agreement.

Appears in 3 contracts

Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement

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Return or Destruction of Evaluation Material. Upon the earlier of (i) the Company’s written demand to the Reviewer and (ii) termination of this Agreement, the Reviewer Reviewer, at the Reviewer’s discretion, agrees to promptly return or destroy and certify to its destruction all Evaluation Material and all handwritten summaries, notes or self-generated computer records of any items of Evaluation Material previously delivered to Reviewer or provided by the Reviewer to any Representative. Notwithstanding the foregoing, the Reviewer may retain one copy of the Evaluation Material if required by law, regulation or mandated by bona fide corporate policy, and will continue to treat the Evaluation Material in accordance with the terms of this Agreement. Furthermore, with regard to Evaluation Material in electronic form which is difficult to extract, Reviewer may retain such Evaluation Material in accordance with a bona fide, pre-pre- existing internal document retention or disaster recovery policy applied in the usual and ordinary course of business and shall continue to treat such Evaluation Material in accordance with the terms of this Agreement. All of the Reviewer's obligations hereunder and all of the Company's rights and remedies hereunder with respect to any retained Evaluation Material shall survive termination of this Agreement.

Appears in 1 contract

Samples: Confidentiality Agreement

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