Common use of USE OF PURCHASER'S INFORMATION Clause in Contracts

USE OF PURCHASER'S INFORMATION. Notwithstanding the obligations of JAWS to provide information to the Vendors pursuant to Article 8 hereof: 9.2.1 JAWS shall not be under any obligation to give such access or furnish such information if to do so would cause JAWS to be in violation of any confidentiality agreement with any Person, if such Person has refused to permit the release of such information to the Vendors following exercise by JAWS of its best efforts to obtain consent to such release when the exercise of such best efforts was requested by the Vendors; 9.2.2 any information provided to the Vendors or the Corporation or any employee, advisor and representative of the Vendors or the Corporation hereunder which is not publicly disclosed, is confidential or is proprietary in nature ("the Purchaser's Information") shall be kept confidential and shall not, without the prior written consent of the Purchaser, be disclosed by a recipient in any manner whatsoever, in whole or in part, and shall not be used by the Vendors or the Corporation or any such employee, advisor or representative (other than in connection with this transaction) or following the termination of this Agreement in the acquisition of any securities of the Purchaser or any of the Purchaser's Assets in another transaction for a period of one year following the termination of this Agreement. The Purchaser's Information shall be revealed only to employees, advisors and representatives who need to know it for the purpose of implementing the transaction who will be informed of the confidential nature of the Purchaser's Information and agree to act in accordance herewith; 9.2.3 the term the Purchaser's Information shall not include information which: 9.2.3.1 is or becomes generally available to the public other than as a result of a disclosure by the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder, or 9.2.3.2 is or becomes available to the Vendors or the Corporations or any other recipient of the Purchaser's Information hereunder on a non-confidential basis from a source other than the Purchaser which is not prohibited from disclosing such Purchaser's Information to the Vendors or the Corporation by a legal, contractual or fiduciary obligation to the Purchaser; and 9.2.4 in the event that the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder becomes legally obliged to disclose any of the Purchaser's Information, the Vendors or the Corporation shall provide the Purchaser with prompt notice of such obligation (and in any event not less than 24 hours prior to the time that the Purchaser's Information is required to be disclosed) so that the Purchaser may seek a protective order or other appropriate remedy and/or waive compliance with this Subsection. In the event that such protective order or other remedy is not obtained, or that the Purchaser waives compliance with this Subsection, the Vendors, the Corporation or any other recipient of the Purchaser's Information hereunder shall furnish only that portion of the Purchaser's Information which is legally required to be disclosed and exercise their best efforts to obtain reliable assurance that confidential treatment will be accorded the Purchaser's Information.

USE OF PURCHASER'S INFORMATION. Notwithstanding the obligations of JAWS to provide information to the Vendors pursuant to Article 8 hereof: 9.2.1 JAWS shall not be under any obligation to give such access or furnish such information if to do so would cause JAWS to be in violation of any confidentiality agreement with any Person, if such Person has refused to permit the release of such information to the Vendors following exercise by JAWS of its best efforts to obtain consent to such release when the exercise of such best efforts was requested by the Vendors; 9.2.2 any information provided to the Vendors or the Corporation Corporations or any employee, advisor and representative of the Vendors or the Corporation Corporations hereunder which is not publicly disclosed, is confidential or is proprietary in nature ("the Purchaser's Information") shall be kept confidential and shall not, without the prior written consent of the Purchaser, be disclosed by a recipient in any manner whatsoever, in whole or in part, and shall not be used by the Vendors or the Corporation Corporations or any such employee, advisor or representative (other than in connection with this transaction) or following the termination of this Agreement in the acquisition of any securities of the Purchaser or any of the Purchaser's Assets in another transaction for a period of one year following the termination of this Agreement. The Purchaser's Information shall be revealed only to employees, advisors and representatives who need to know it for the purpose of implementing the transaction who will be informed of the confidential nature of the Purchaser's Information and agree to act in accordance herewith; 9.2.3 the term the Purchaser's Information shall not include information which: 9.2.3.1 is or becomes generally available to the public other than as a result of a disclosure by the Vendors or the Corporation Corporations or any other recipient of the Purchaser's Information hereunder, or 9.2.3.2 is or becomes available to the Vendors or the Corporations or any other recipient of the Purchaser's Information hereunder on a non-confidential basis from a source other than NY/301202.1 the Purchaser which is not prohibited from disclosing such Purchaser's Information to the Vendors or the Corporation Corporations by a legal, contractual or fiduciary obligation to the Purchaser; and 9.2.4 in the event that the Vendors or the Corporation Corporations or any other recipient of the Purchaser's Information hereunder becomes legally obliged to disclose any of the Purchaser's Information, the Vendors or the Corporation Corporations shall provide the Purchaser with prompt notice of such obligation (and in any event not less than 24 hours prior to the time that the Purchaser's Information is required to be disclosed) so that the Purchaser may seek a protective order or other appropriate remedy and/or waive compliance with this Subsection. In the event that such protective order or other remedy is not obtained, or that the Purchaser waives compliance with this Subsection, the Vendors, the Corporation Corporations or any other recipient of the Purchaser's Information hereunder shall furnish only that portion of the Purchaser's Information which is legally required to be disclosed and exercise their best efforts to obtain reliable assurance that confidential treatment will be accorded the Purchaser's Information.

USE OF PURCHASER'S INFORMATION. Notwithstanding the obligations of JAWS to provide information to the Vendors pursuant to Article 8 hereof: 9.2.1 JAWS shall not be under any obligation to give such access or furnish such information if to do so would cause JAWS to be in violation of any confidentiality agreement with any Person, if such Person has refused to permit the release of such information to the Vendors following exercise by JAWS of its best efforts to obtain consent to such release when the exercise of such best efforts was requested by the Vendors; 9.2.2 any information provided to the Vendors or the Corporation or any employee, advisor and representative of the Vendors or the Corporation hereunder which is not publicly disclosed, is confidential or is proprietary in nature (the "the Purchaser's Information") shall be kept confidential and shall not, without the prior written consent of the Purchaser, be disclosed by a recipient in any manner whatsoever, in whole or in part, and shall not be used by the Vendors or the Corporation or any such employee, advisor or representative (other than in connection with this transaction) or following the termination of this Agreement in the acquisition of any securities of the Purchaser or any of the Purchaser's Assets in another transaction for a period of one year following the termination of this Agreement. The Purchaser's Information shall be revealed only to employees, advisors and representatives who need to know it for the purpose of implementing the transaction who will be informed of the confidential nature of the Purchaser's Information and agree to act in accordance herewith; 9.2.3 the term the Purchaser's Information shall not include information which: 9.2.3.1 is or becomes generally available to the public other than as a result of a disclosure by the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder, or 9.2.3.2 is or becomes available to the Vendors or the Corporations Corporation or any other recipient of the Purchaser's Information hereunder on a non-confidential basis from a source other than the Purchaser which is not prohibited from disclosing such Purchaser's Information to the Vendors or the Corporation by a legal, contractual or fiduciary obligation to the Purchaser; and 9.2.4 in the event that the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder becomes legally obliged to disclose any of the Purchaser's Information, the Vendors or the Corporation shall provide the Purchaser with prompt notice of such obligation (and in any event not less than 24 hours prior to the time that the Purchaser's Information is required to be disclosed) so that the Purchaser may seek a protective order or other appropriate remedy and/or waive compliance with this Subsection. In the event that such protective order or other remedy is not obtained, or that the Purchaser waives compliance with this Subsection, the Vendors, the Corporation or any other recipient of the Purchaser's Information hereunder shall furnish only that portion of the Purchaser's Information which is legally required to be disclosed and exercise their best efforts to obtain reliable assurance that confidential treatment will be accorded the Purchaser's Information.

USE OF PURCHASER'S INFORMATION. Notwithstanding the obligations of JAWS the Purchaser and Shannon to provide information to the Vendors pursuant to Article 8 hereofxxxxxx: 9.2.1 JAWS the Purchaser or Shannon shall not be under any obligation to give such access xxxx xccess or furnish such information if to do so would cause JAWS the Purchaser or Shannon to be in violation of any confidentiality agreement xxxxxxent with any Person, if such Person has refused to permit the release of such information to the Vendors Purchaser following exercise by JAWS the Purchaser of its best efforts to obtain consent to such release when the exercise of such best efforts was requested by the VendorsPurchaser; 9.2.2 any information provided to the Vendors or the Corporation or any employee, advisor and representative of the Vendors or the Corporation hereunder which is not publicly disclosed, is confidential or is proprietary in nature ("the Purchaser's Information") shall be kept confidential and shall not, without the prior written consent of the Purchaser, be disclosed by a recipient in any manner whatsoever, in whole or in part, and shall not be used by the Vendors or the Corporation or any such employee, advisor or representative (other than in connection with this transaction) or following the termination of this Agreement in the acquisition of any securities of the Purchaser or any of the Purchaser's Assets in another transaction for a period of one year following the termination of this Agreement. The Purchaser's Information shall be revealed only to employees, advisors and representatives who need to know it for the purpose of implementing the transaction who will be informed of the confidential nature of the Purchaser's Information and agree to act in accordance herewith; 9.2.3 the term the Purchaser's Information shall not include information which: 9.2.3.1 (a) is or becomes generally available to the public other than as a result of a disclosure by the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder, or 9.2.3.2 (b) is or becomes available to the Vendors or the Corporations Corporation or any other recipient of the Purchaser's Information hereunder on a non-confidential basis from a source other than the Purchaser which is not prohibited from disclosing such Purchaser's Information to the Vendors or the Corporation by a legal, contractual or fiduciary obligation to the Purchaser; and 9.2.4 (c) in the event that the Vendors or the Corporation or any other recipient of the Purchaser's Information hereunder becomes legally obliged to disclose any of the Purchaser's Information, the Vendors or the Corporation shall provide the Purchaser with prompt notice of such obligation (and in any event not less than 24 hours prior to the time that such the Purchaser's Information is required to be disclosed) so that the Purchaser may seek a protective order or other appropriate remedy and/or waive compliance with this Subsection. In the event that such protective order or other remedy is not obtained, or that the Purchaser waives compliance with this Subsection, the Vendors, the Corporation or any other recipient of the Purchaser's Information hereunder shall furnish only that portion of the Purchaser's Information which is legally required to be disclosed and exercise their best efforts to obtain reliable assurance that confidential treatment will be accorded the Purchaser's Information.