Common use of Digital Records Clause in Contracts

Digital Records. After execution of this Agreement and within ten (10) Business Days prior to the Closing Date, SM Energy will deliver to Buyer, any requested Records available in digital format (“Digital Records”) upon such request by Buyer so that Buyer may prepare to take over operations on the Closing Date. Any Digital Records delivered to Buyer prior to Closing will be subject to the public announcement provisions of Section 14.12 and the Confidentiality Agreement. If this Agreement is terminated prior to the Closing, then Buyer will return the Digital Records to SM Energy in their entirety and shall destroy any copies of the same that may have been created by Buyer.

Digital Records. After execution of this Agreement and within ten (10) Business Days prior to the Closing Date, SM Energy will deliver to Buyer, any requested Records available in digital format (“Digital Records”) upon such request by Buyer so that Buyer may prepare to take over operations on the Closing Date. Any Digital Records delivered to Buyer prior to Closing will be subject to the public announcement provisions of Section 14.12 and the Confidentiality Agreement. If this Agreement is terminated prior to the Closing, then Buyer Xxxxx will return the Digital Records to SM Energy in their entirety and shall destroy any copies of the same that may have been created by BuyerXxxxx.