Disclosed Information Clause Samples

Disclosed Information. 3.3.1 The Authority does not give any warranty or undertaking as to the relevance, completeness, accuracy or fitness for any purpose of any of the Disclosed Information. The Disclosed Information is for information only, and is not mandatory or binding on Developer. Developer is not entitled to rely on the Disclosed Information as accurately describing existing conditions, presenting design, engineering or maintenance solutions or directions, or defining means or methods for complying with the requirements of the Project Documents, Governmental Approvals or Applicable Law. 3.3.2 Subject to the terms of the Project Documents, neither the Authority nor any of its agents or employees shall have any liability to Developer in respect of any: 3.3.2.1 inaccuracy, omission, unfitness for any purpose or inadequacy of any kind whatsoever in the Disclosed Information; 3.3.2.2 failure to make available to Developer any materials, documents, drawings, plans or other information relating to the Project; or 3.3.2.3 causes of action, claims or Losses whatsoever suffered by any Developer-Related Entity by reason of any use of information contained in, or any action or forbearance in reliance on, the Disclosed Information. 3.3.3 Developer shall, subject to the terms of the Project Documents, be deemed to have: 3.3.3.1 satisfied itself as to the assets to which it will receive rights (including each part of the Project Right of Way and, where applicable, any existing structures, Utilities or work on, over or under such part of the Project Right of Way) and the nature and extent of the risks assumed by it under the Project Documents; 3.3.3.2 satisfied itself as to the nature of the geotechnical, climatic, hydrological, ecological, environmental and general conditions of each part of the Project Right of Way, the nature of the ground and subsoil, the form and nature of each part of the Project Right of Way, the risk of injury or damage to property near to or affecting each part of the Project Right of Way and to occupiers of such property, the nature of the materials (whether natural or otherwise) to be excavated, and the nature of the design, work, materials, plant, machinery or equipment necessary for the purpose of carrying out its obligations under the Project Documents; and 3.3.3.3 satisfied itself as to: (a) the access to and through each part of the Project Right of Way and the adequacy of the Access in respect thereof for the purpose of carrying out its obligations und...

Disclosed Information. All Disclosed Information shall be treated as confidential and neither its delivery nor disclosure shall represent any waiver of privilege by a Partner disclosing such Disclosed Information. Subject only to the rules of discovery, each Partner agrees not to disclose the Disclosed Information to any other Person or for any other purpose. Such Disclosed Information cannot be used in any subsequent proceedings without the consent of the Partner who has made the disclosure. The Partners agree that any Representative, Mediator and, if applicable, Arbitrator shall not be subpoenaed or otherwise compelled as a witness in any proceedings for the purpose of testifying with respect to the nature or substance of any dispute resolution process that may arise in relation to any matter that is a subject of this Agreement. Nothing in this Dispute Resolution Procedure shall require a Partner to disclose information that is subject to confidentiality provisions with third parties.

Disclosed Information. Each Recipient agrees to utilize the Disclosed Information only for such Recipient’s purpose, as applicable (as set forth in Section 4(a) or 4(b) above as applicable, the “Recipient’s Purpose”). Each Discloser shall be obligated to disclose only such portions of its Disclosed Information, if any, as it desires to disclose and may cease disclosures at any time.

Disclosed Information. None of the information supplied or to be supplied by Parent or BA, or any amendments or supplements thereto, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading.

Disclosed Information. All Disclosed Information shall be treated as confidential and neither its delivery nor disclosure shall represent any waiver of privilege by a Party disclosing such Disclosed Information. Subject only to the rules of discovery, each Party agrees not to disclose the Disclosed Information to any other Person or for any other purpose. Such Disclosed Information cannot be used in any subsequent proceedings without the consent of the Party who has made the disclosure. The Parties agree that any Representative, Mediator and, if applicable, Arbitrator shall not be subpoenaed or otherwise compelled as a witness in any proceedings for the purpose of testifying with respect to the nature or substance of any dispute resolution process that may arise in relation to any matter that is a subject of this Agreement. Nothing in this Dispute Resolution Procedure shall require a Party to disclose information that is subject to confidentiality provisions with third parties

Disclosed Information. Purchaser acknowledges and agrees that (a) Purchaser is a sophisticated entity, with knowledge and experience in the business in which the Company is engaged, (b) Purchaser has been afforded the opportunity to investigate and review the Company and its business and the Company has provided Purchaser with the Disclosed Information in response to Purchaser’s requests, and (c) in determining to proceed with the Offer, Purchaser is relying solely on such investigation and the representations and the warranties of Purchaser contained in Article II of this Agreement.

Disclosed Information. All Disclosed Information shall be treated as confidential and neither its delivery nor disclosure shall represent any waiver of privilege by a Party disclosing such Disclosed Information. Subject only to the rules of discovery, or otherwise compelled by law or court of competent authority, each Party agrees not to disclose the Disclosed Information to any other Person or for any other purpose. Such Disclosed Information cannot be used in any subsequent proceedings without the consent of the Party who has made the disclosure. The Parties agree that any Mediator and, if applicable, Arbitrator shall not be subpoenaed or otherwise compelled as a witness in any proceedings for the purpose of testifying with respect to the nature or substance of any dispute resolution process that may arise in relation to any matter that is a subject of this Agreement. Nothing in this dispute resolution procedure shall require a Party to disclose information that is subject to confidentiality provisions with third parties.

Disclosed Information. Customer will retain all right, title and interest (including all intellectual property rights) to its Confidential Information. Dialogic will retain all right, title and interest (including all intellectual property rights) to its Confidential Information, any software, hardware, bug fixes, additions, modifications and/or improvements to any products that may result from the Starter-Pack Services provided hereunder. Dialogic grants to Customer a non-exclusive, irrevocable, royalty-free license to use such Confidential Information, software, hardware, bug fixes, additions, modifications and/or improvements that is delivered or made available by Dialogic to Customer pursuant to this Agreement ("Delivered Information") for the purpose of utilizing the Dialogic hardware or software product purchased by Customer for which the Starter-Pack Services are being provided. Except as expressly set forth herein, no license is granted by Dialogic with respect to any patents, trademarks, copyrights, mask work protection rights and other intellectual property rights. Customer grants Dialogic a worldwide, non-exclusive, fully paid-up, royalty free right and license to use Customer’s intellectual property provided by Customer to Dialogic under this Agreement solely for the purpose of performing Starter-Pack Services for Customer under this Agreement.

Disclosed Information. None of the information supplied or to be supplied by Parent for inclusion in any proxy statement, or any amendments or supplements thereto, to be distributed to the shareholders of either NovaRay or the Surviving Corporation in connection with a meeting of such stockholders to vote upon this Agreement and the transactions contemplated hereby, will, at the time of the mailing of such proxy statement and the time of such meeting contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading.