Common use of Agreement Confidentiality Clause in Contracts

Agreement Confidentiality. The terms, but not the existence, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party without the prior written consent of the other Party; provided however, that each Party may (i) represent to third parties that such Party is licensed as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary information of a similar nature; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary of a similar nature; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures. In addition, this Section shall not prevent a Party from making disclosures reasonably required by law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties mPhase Technologies, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such press release.

Agreement Confidentiality. The terms, but not the existence, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party without the prior written consent of the other Party; provided however, that each Party may (i) represent to third parties that such Party is licensed as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender tender which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary information of a similar nature; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary of a similar nature; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures. In addition, this Section shall not prevent a Party from making disclosures reasonably required by law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties mPhase Technologies, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such press release.

Agreement Confidentiality. The terms, but not the existence, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party without the prior written consent of the other Party; provided however, that each Party may (i) represent to third parties that such Party is licensed as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary information of a similar nature; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary of a similar nature; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures. In addition, this Section shall not prevent a Party from making disclosures reasonably required by law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties Back to Contents mPhase Technologies, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such press release.AGREEMENT

Agreement Confidentiality. The terms, but not the existence, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party without the prior written consent of the other Party; provided however, that each Party may (i) represent to third parties that such Party is licensed as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary information of a similar nature; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary of a similar nature; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures. In addition, this Section shall not prevent a Party from making disclosures reasonably required by law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties mPhase Technologies15 MPhase, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such press release.AGREEMENT

Agreement Confidentiality. The terms, but not the existence, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party without the prior written consent of the other Party; provided however, that each Party may (i) represent to third parties that such Party is licensed as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary information of a similar nature; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party normally exercises to protect its own proprietary of a similar nature; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures. In addition, this Section shall not prevent a Party from making disclosures reasonably required by law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties mPhase TechnologiesMPhase, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such press release.AGREEMENT

Agreement Confidentiality. The termsterms of, but not the existenceexistence of or the identities of the Parties to, of this Agreement shall be treated as confidential information by the Parties, and no Party shall disclose such terms to any third party other Person without the prior written consent of the other PartyParties; provided however, that each Party may may: (i) represent to third parties other Persons that such Party is licensed for the products and patents as provided by this Agreement; (ii) disclose this Agreement and its terms to potential acquirers of, investors in or lenders to such Party (including any representatives of the parties in such transaction), or disclosures reasonably necessary in connection with the divestiture of all or any portion of a Party's ’s respective businesses, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such potential acquirer, investor or lender (and any of their representatives) which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party receiving party normally exercises to protect its own proprietary information of a similar nature, but no less than a reasonable degree of care; (iii) disclose this Agreement and its terms in any arbitration, mediation or other official dispute resolution procedure pursuant to a written confidentiality agreement binding upon the parties which contains confidentiality obligations which are no less protective than at least the same degree of care the disclosing Party receiving party normally exercises to protect its own proprietary information of a similar nature, but no less than a reasonable degree of care; and (iv) disclose this Agreement and its terms which is requested pursuant to a judicial or governmental request, requirement or order under law, provided that such Party provides the other Party with sufficient prior notice in order to contest such request, requirement or order or seek protective measures, unless such notification is expressly prohibited by the authority requiring disclosure; and (v) disclose this Agreement and its terms to any representative of a Party in order to comply with or enforce this Agreement, provided such disclosure is made pursuant to a written confidentiality agreement binding upon such representative which contains confidentiality obligations which are no less protective than the same degree of care the receiving party normally exercises to protect its own proprietary information of a similar nature, but no less than a reasonable degree of care. In addition, this Section 5.14 shall not prevent a Party from making disclosures reasonably required by applicable law or as required by a stock exchange. Unless otherwise agreed, neither Party will issue any press release(s) regarding the relationship contemplated by this Agreement unless both Parties mPhase Technologies, Inc. DEVELOPMENT AGREEMENT have previously agreed in writing on the content and timing of such press release. Neither party shall be under any obligation to agree to any press release, each party being entitled to refuse, for any reason or no reason at all, with or without cause, to agree but only to the issuance of extent or degree so required for such press releasecompliance.