Excluded Records. (i) Seller’s minute books, stock books and other organizational records having to do with the formation and capitalization of Seller, (ii) any personnel records and other records relating to the employees of Seller that Seller is required by Law to retain in its possession, and (iii) Tax Returns of Seller (collectively, the “Excluded Records”);
Excluded Records. The term “Excluded Records” shall be defined as: (1) any notes, memoranda, e-mails or other correspondence or communications that relate to any claims or potential claims of the Debtors against any of the KPN Entities that were created by or exchanged between any of the professionals retained in the Cases and/or any employee of the Debtors; or (2) any of the Debtors’ Records that are both protected by the attorney-client privilege or any other applicable privilege or doctrine, including the attorney work-product doctrine and that are related to the Debtors’ disputes or causes of action on the list attached hereto as Exhibit A..
Excluded Records. Each Purchased Entity's, ACME's and each Seller's income Tax Returns and workpapers, internal memos and correspondence with taxing authorities relating to such Purchased Entity's, ACME's and each Seller's income Tax Returns. Documents relating to the Sellers that contain more than just ACME or Purchased Entity level information and that are not principally related to the business, condition or results of ACME or operations of any Purchased Entity. Presentations to internal management committees and boards of FPLE and its Affiliates that contain more than just ACME or Purchased Entity level information and that are not principally related to the business, condition or results of operations of ACME or any Purchased Entity. Budgets of FPLE and its Affiliates other than budgets of ACME or any Purchased Entity and other than budgets prepared by FPL Energy Operating Services, Inc. relating solely to any Purchased Entity or the Ormesa II Facility. Files of employees of FPLE and its Affiliates (other those that are currently employed at the East Mesa Facilities) that have performed business management and other administrative services for Sellers as managing general partner or administrative partner of any Purchased Entity (including electronic files and spreadsheets).
Excluded Records. (i) Each Seller Party’s minute books, stock books and other organizational records having to do with the formation and capitalization of such Seller Party, (ii) any personnel records and other records relating to the employees of each Seller Party that such Seller Party is required by Law to retain in its possession, and (iii) Tax Returns of each Seller Party (collectively, the “Excluded Records”);
Excluded Records. The term “Records” shall exclude proforma budgets and projections (provided the Hotel has been open and operating for a period of three months prior to Closing) and construction budgets and contracts related to the development and construction of the Hotel.
Excluded Records. Service Provider Subject to FIPPA The Service Provider agrees that, in relation to the collection, use, disclosure, storage, security and destruction of Personal Information and Records, it is subject to and will comply with the requirements of FIPPA and this Schedule, including any applicable order or security requirements prescribed by the Commissioner or a court and any written direction issued by HO under this Schedule. The Service Provider will ensure that it and its Personnel are familiar and remain current with respect to its and their obligations under FIPPA. Control of and Rights in the Record(s) As between HO and the Service Provider, all right, title and interest and control in and to all Records shall remain with the HO. No proprietary right or other interest respecting the Records, other than as expressly set out herein, is granted to the Service Provider under this Schedule, by implication or otherwise. The Service Provider is granted temporary access to the Personal Information on the terms and conditions of this Schedule, for the sole and express purpose of fulfilling its obligations under the Agreement and for no other use or purpose. Where the Service Provider provides services under contract with one or more other public bodies in which such other public bodies also assert control over the same or overlapping Records, the HO will work with such other public bodies to resolve each other’s rights and obligations with respect to such Records and the Service Provider will not be considered to be in breach of this Schedule by reason of its inability to provide unfettered control over the Records to the HO.
Excluded Records. For greater clarification, this Schedule E (and specifically the provisions of Section 2 of this Schedule E) does not apply to any information, documents or records that:
Excluded Records. All of Seller’s records which are not related to the Systems, and all records which are received from or directed to Seller’s legal counsel, or which are or are purported to be privileged pursuant to an attorney/client privilege.
Excluded Records. For the avoidance of doubt, the Parties acknowledge that the Companies have no interest in the Excluded Records and, from and after the Closing, the Excluded Records will remain an asset of the Sellers.
Excluded Records. 3 Section I.15 FACILITIES SHARING AGREEMENT.........................3 Section I.16 GAAP.................................................3 Section I.17
