Common use of Confidentiality of Agreement Clause in Contracts

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will be treated as the other Party's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may be made in any form of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by law; (ii) to legal counsel of the Parties; (iii) in connection with the requirements of an initial public offering or securities filing; (iv) in confidence, to accountants, banks, and financing sources and their advisors; (v) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vi) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 6 contracts

Samples: Confidential Treatment (Riverstone Networks Inc), Confidential Treatment (Riverstone Networks Inc), Confidential Treatment (Riverstone Networks Inc)

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Confidentiality of Agreement. Each Party party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's other’s Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form manner without the prior written consent of press release or public statement without first consulting with the other Partyparty; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Partiesparties; (iiiiv) as required in connection with the requirements of an initial a public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 4 contracts

Samples: Software License Agreement (Palmsource Inc), Software License Agreement (Palm Inc), Software License Agreement (Palmsource Inc)

Confidentiality of Agreement. Each Party agrees that the terms and ---------------------------- conditions, but not the existence, of this Agreement will be treated as the other Party's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may be made in any form of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and -------- ------- conditions of this Agreement: (i) as may be required by law; (ii) to legal counsel of the Parties; (iii) in connection with the requirements of an initial public offering or securities filing; (iv) in confidence, to accountants, banks, and financing sources and their advisors; (v) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 3 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Palm Inc), Supply Agreement (Palm Inc)

Confidentiality of Agreement. Each Party agrees that the terms ---------------------------- and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each Party may disclose the terms -------- ------- and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 3 contracts

Samples: Oem Agreement (Sonic Innovations Inc), Oem Agreement (Sonic Innovations Inc), Oem Agreement (Sonic Innovations Inc)

Confidentiality of Agreement. Each Party agrees Both Parties agree that the terms and conditions, but not the existence, conditions of this Agreement will shall be treated as the other Party's Confidential Information confidential information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form without the prior written consent of press release or public statement without first consulting with the other Partyparty; provided, however, that each Party the general existence of this Agreement shall not be treated as confidential information and that either party may disclose the terms and conditions of this Agreement: (ia) as may be required by lawany court or other governmental body; (iib) as otherwise required by law including Xxxxxx Xxxxxxxx’x obligations under applicable securities laws; (c) to legal counsel of the Partiesparties; (iii) in connection with the requirements of an initial public offering or securities filing; (ivd) in confidence, to accountants, banks, proposed investors, data processors, and financing sources and their advisors; (ve) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vif) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 3 contracts

Samples: Services Agreement (Morgan Beaumont Inc), Services Agreement (Morgan Beaumont, Inc.), Services Agreement (Morgan Beaumont, Inc.)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's other’s Confidential Information and that no public reference to the terms and conditions of this Agreement or to activities pertaining thereto may to this Agreement can be made in any form without the prior written consent of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in public documents, in connection with the requirements of an initial public offering, secondary offering, or debt offering or any securities filingfiling of the Parties; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 3 contracts

Samples: Marketing Agreement (Loop Industries, Inc.), License Agreement (Loop Industries, Inc.), Marketing Agreement

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will be treated as the other Party's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may be made in any form of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by law; (ii) to legal counsel of the Parties; (iii) in connection with the requirements of an initial public offering or securities filing; (iv) in confidence, to accountants, banks, and financing sources and their advisors; (v) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 3 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Manufacturers Services LTD), Supply Agreement (Manufacturers Services LTD)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Partiesparties; (iiiiv) in connection with the requirements of an initial public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; (vii) or (vi) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 2 contracts

Samples: Supply Agreement (Silicon Valley Group Inc), License and Supply Agreement (Symyx Technologies Inc)

Confidentiality of Agreement. Each Party party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's party’s Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form manner without the prior written consent of press release or public statement without first consulting with the other Partyparty; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Partiesparties; (iiiiv) as required in connection with the requirements of an initial a public offering or securities filing; (ivv) in confidence, to accountants, banks, banks and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or and (vivii) in confidence, in connection with a merger or merger, acquisition or proposed merger or acquisition, or the like.

Appears in 2 contracts

Samples: Elaine Software License and Services Agreement (Palm Inc), Elaine Software License and Services Agreement (Palmsource Inc)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's other’s Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering, secondary offering, or debt offering or securities filingfiling of the Parties; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 2 contracts

Samples: License and Technology Transfer Agreement (Netlogic Microsystems Inc), License and Technology Transfer Agreement (Netlogic Microsystems Inc)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 2 contracts

Samples: Blank Supply Agreement (Dupont Photomasks Inc), License Agreement (Argonaut Technologies Inc)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; providedPROVIDED, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering or securities filingfiling or offering; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: License and Supply Agreement (Tripath Technology Inc)

Confidentiality of Agreement. Each Party party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's Confidential other’s Proprietary Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Partyparty; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (ia) as may be required by or reasonably desirable for disclosure to any court or other governmental body; (b) as otherwise required by law; (iic) to legal counsel of the Partiesparties; (iii) in connection with the requirements of an initial public offering or securities filing; (ivd) in confidence, to accountants, banks, and other financing sources and their advisors; (ve) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vif) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: License Agreement (Verso Technologies Inc)

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Confidentiality of Agreement. (a) Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Partiesparties; (iiiiv) in connection with the requirements of an initial public offering or a securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Intellectual Property Agreement (Brillian Corp)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's other’s Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form manner without the prior written consent of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial a public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Manufacture and Supply Agreement (Hemosense Inc)

Confidentiality of Agreement. Each Party agrees that the terms and ---------------------------- conditions, but not the existence, of this Agreement will be treated as the other Party's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may be made in any form of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by law; (ii) to legal counsel of the Parties; (iii) in connection with the requirements of an initial public offering or securities filing; (iv) in confidence, to accountants, banks, and financing sources and their advisors; (v) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vi) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Flextronics International (Cabletron Systems Inc)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form manner without the prior written consent of press release or public statement without first consulting with the other Partyparty; provided, however, that each Party party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Partiesparties; (iiiiv) in connection with the requirements of an initial a public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Oem License Agreement (Simplex Solutions Inc)

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form disclosed without the prior written consent of press release or public statement without first consulting with the other Party; provided, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering or securities filing; (ivv) in confidence, to accountants, banks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: License Agreement (Intellon Corp)

Confidentiality of Agreement. Each Party agrees that the terms and ---------------------------- conditions, but not the existence, of this Agreement will shall be treated as the other Partyother's Confidential Information and that no reference to the terms and conditions of this Agreement or to activities pertaining thereto may can be made in any form of press release public or public statement commercial advertising without first consulting with the prior written consent of the other Party; provided, however, that each -------- ------- Party may disclose the terms and conditions of this Agreement: (i) as may be required by any court, or other governmental body; (ii) as otherwise required by law; (iiiii) to legal counsel of the Parties; (iiiiv) in connection with the requirements of an initial public offering or securities filing; filing (ivv) in confidence, to accountants, banksbunks, and financing sources and their advisors; (vvi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vivii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Trintech Group PLC

Confidentiality of Agreement. Each Party agrees that the terms and conditions, but not the existence, of this Agreement will shall be treated as the other Party's ’s Confidential Information and that no reference to the commercial terms and conditions of this Agreement (or to activities pertaining thereto thereto) may be made in any form of press release or public statement without first consulting with the other Party; provided. However, however, that each Party may disclose the terms and conditions of this Agreement: (i) as may be required by law; (ii) to legal counsel of the Parties; (iii) in connection with the requirements of an initial public offering or securities filing; (iv) in confidence, confidence to accountants, banks, and financing sources sources, insurance organizations and their advisors; (v) in confidence, confidence in the connection with the enforcement of this Agreement or rights under the terms of this Agreement; or (vi) in confidence, confidence in connection with a merger or acquisition or proposed merger or acquisition, or the like.

Appears in 1 contract

Samples: Intellectual Property Licensing Agreement (ACI Global CORP)

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