Common use of “Click Through” Agreements Clause in Contracts

“Click Through” Agreements. The terms of this Agreement shall control over any additional purported confidentiality requirements imposed by an offering memorandum or electronic database, dataroom, or similar repository of Evaluation Material to which Recipient or its Representatives are granted access in connection with this Agreement or a Possible Transaction, notwithstanding acceptance of such an offering memorandum or submission of an electronic signature, “clicking” on an “I Agree” icon or other indication of assent to such additional confidentiality conditions, it being understood and agreed that Recipient’s and its Representatives’ confidentiality obligations with respect to the Evaluation Material are exclusively governed by this Agreement and may not be enlarged except by an agreement executed by the Parties hereto in traditional written format.

Appears in 4 contracts

Sources: Nondisclosure and Standstill Agreement, Nondisclosure and Standstill Agreement, Nondisclosure and Standstill Agreement (Athlaction Merger Sub, Inc.)

“Click Through” Agreements. The terms of this Agreement shall control over any additional purported confidentiality requirements imposed by an offering memorandum or electronic database, dataroom, or similar repository of Evaluation Material Confidential Information to which Recipient or its Representatives are granted access in connection with this Agreement or a Possible Transactionthe Purpose, notwithstanding acceptance of such an offering memorandum or submission of an electronic signature, “clicking” on an “I Agree” icon or other indication of assent to such additional confidentiality conditions, it being understood and agreed that Recipient’s and its Representatives’ confidentiality obligations with respect to the Evaluation Material Confidential Information are exclusively governed by this Agreement and may not be enlarged except by an agreement executed by the Parties hereto in traditional written formatAgreement.

Appears in 3 contracts

Sources: Mutual Confidentiality Agreement (Profire Energy Inc), Mutual Confidentiality Agreement (Combustion Merger Sub, Inc.), Mutual Confidentiality Agreement (Combustion Merger Sub, Inc.)

“Click Through” Agreements. The terms of this Agreement shall control over any additional purported confidentiality requirements imposed by an offering memorandum or electronic database, dataroom, or similar repository of Evaluation Material to which Recipient or its Representatives are granted access in connection with this Agreement or a Possible Transaction, notwithstanding acceptance of such an offering memorandum or submission of an electronic signature, “clicking” on an “I Agree” icon or other indication of assent to such additional confidentiality conditions, it being understood and agreed that Recipient’s and its Representatives’ confidentiality obligations with respect to the Evaluation Material are exclusively governed by this Agreement and may not be reduced or enlarged except by an agreement executed by the Parties hereto in traditional written format.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement (Jay Merger Sub, Inc.)