Common use of Six Sigma Materials Clause in Contracts

Six Sigma Materials. (a) GE, subject to any existing legal or contractual obligations in connection with GE’s agreements with the Six Sigma Providers (as defined below) that require GE to assert a claim, agrees not to assert any claim that GE may, now or in the future, have against the Company or its Subsidiaries arising solely out of the Company’s or its Subsidiaries’ internal use of Six Sigma Materials owned by GE or any of its Affiliates relating to the Six Sigma program in use by the Company or its Subsidiaries prior to the Effective Date by its or their employees. Notwithstanding the foregoing, GE’s agreement not to assert claims against the Company or its Subsidiaries shall not extend to any claim that GE may have at any time against Company or any of its Subsidiaries arising out of or in connection with, and solely to the extent of, (a) any breach of any obligation to maintain the confidentiality of the Six Sigma Materials, (b) use of the GE Name and Marks in connection with the Six Sigma Materials, (c) any use, other than the Company’s or its Subsidiaries’ internal use in the Business with its employees in accordance with the foregoing, of the Six Sigma Materials, including use of the Six Sigma Materials by the customers or suppliers of the Business, or (d) any claim arising out of circumstances or facts relating to a claim or proceeding against GE or any of its Affiliates by or on behalf of a Six Sigma Provider or any Affiliate thereof. The Company and its Subsidiaries acknowledge and agree that the Six Sigma Materials and other materials owned by others and relating to the Six Sigma program are confidential and proprietary information. Further, the Company agrees to, and shall cause each of its Subsidiaries to, take all actions necessary or advisable to ensure that the Six Sigma Materials and such other materials are not disclosed to any Person other than the Company and its Subsidiaries unless the Company or one of its Subsidiaries procures from the Six Sigma Providers the right to disclose such Six Sigma Materials.

Six Sigma Materials. (a) GE, subject to any existing legal or contractual obligations in connection with GE’s agreements with the Six Sigma Providers (as defined below) that require GE to assert a claimrestrictions, agrees not to assert any claim that GE may, may now or in the future, future have against the Company or its Subsidiaries arising solely out of the Company’s or its Subsidiaries’ internal use of Six Sigma Materials software, documentation and other materials owned by GE or any of its Affiliates relating to the Six Sigma program in use by the Company or its Subsidiaries prior to the Effective Date date hereof (the “Six Sigma Materials”) by its employees or their employeesby those certain contractors who are granted access to the Six Sigma Materials only if such contractors are legally bound by reasonably stringent confidentiality agreements with respect to the Six Sigma Materials. Notwithstanding the foregoing, GE’s agreement not to assert claims against the Company or its Subsidiaries shall not extend to any claim that GE may have at any time against the Company or any of its Subsidiaries arising out of or in connection with, and solely to the extent of, with (a) any breach of any obligation to maintain the confidentiality of the Six Sigma Materials, (b) use of the GE Name and Marks GE’s name in connection with the Six Sigma Materials, (c) any use, other than the Company’s or its Subsidiaries’ internal use in the Business with its employees in accordance with the foregoinguse, of the Six Sigma Materials, including use of the Six Sigma Materials by the Company’s customers or suppliers of the Business, or (d) any claim arising out of circumstances or facts relating to a claim or proceeding against GE or any of its Affiliates by or on behalf of a Six Sigma Provider or any Affiliate thereof. The Acquiror and the Company and its Subsidiaries acknowledge and agree that the Six Sigma Materials and other materials owned by others and relating to the Six Sigma program are confidential and proprietary information. Further, Acquiror and the Company agrees to, and shall cause each of its Subsidiaries to, agree to take all actions necessary or advisable to ensure that the Six Sigma Materials and such other materials are not disclosed to any Person other than who is not a controlled Affiliate of Acquiror or the Company. In addition, as long as the Company and remains a supplier to GE or its Subsidiaries unless Subsidiaries, the Company or one of its Subsidiaries procures from shall have the right to use the Six Sigma Providers the right Materials and any other materials relating to disclose such Six Sigma Materialsowned or used by GE to the same extent as GE permits its key customers or suppliers to use such materials.