Return or Destruction of Documents. If this Agreement is terminated and the transactions contemplated hereby are abandoned as described in this Section 10.1, the Parties shall promptly return to the other Party or certify the destruction of (i) all documents and other material received from the other Party and/or its Affiliates relating to such transactions, whether so obtained before or after the execution hereof; and (ii) all written information received from the other Party with respect to the Business and/or the other operations of either Party and/or its Affiliates (in each case together with all copies thereof).
Return or Destruction of Documents. Company and TSG shall return to the other party, respectively, any and all of the documents delivered to it hereunder upon the written request of TSG or the Company, or upon determination by either party not to pursue the Potential Engagement, whichever occurs first. Company or TSG shall return not only all such original documents in Company's or TSG's possession, or in the possession of its representatives, but also of any copies thereof, whether in electronic or other form. The return of the documents shall be at the sole cost and expense of the party requesting such return, and shall be completed within ten (10) days after receipt of such request. At the election of TSG or Company, in lieu of returning such documents, Company or TSG may destroy the documents upon the written consent of the other party, whether in electronic or other form. Within ten (10) days following the request for a return or destruction of the documents, Company and TSG agree to provide to the other party a certificate signed by the President, CEO and CFO certifying compliance with this Section 9.
Return or Destruction of Documents. If this Agreement is terminated and the transactions contemplated hereby are abandoned as described in this Section 10.1, Purchaser shall promptly return to ABB or certify the destruction of: (i) all documents and other material received by Purchaser or any of its Affiliates from ABB and/or its Affiliates relating to such transactions, whether so obtained before or after the execution hereof; and (ii) all written information received by Purchaser with respect to the Business and the other operations of ABB and/or its Affiliates (in each case together with all copies thereof); provided, however, that Purchaser may retain any documents that it reasonably determines are relevant in connection with prosecuting or defending claims arising hereunder.
Return or Destruction of Documents. If you determine that you do not wish to proceed with a Transaction or your evaluation thereof, you will promptly advise the Company and Stone Key in writing of that decision. In that case, or in the event that (i) a Transaction is not consummated by you or (ii) at any time the Company so requests, you will promptly (a) deliver to the Company all of the Evaluation Material, including all copies, reproductions, summaries, analyses or extracts thereof or based thereon in your possession or in the possession of any of your Representatives or (b) destroy all Evaluation Material in your possession or in the possession of any of your Representatives (such destruction to be certified by you in writing to the Company). Notwithstanding the delivery or destruction of the Evaluation Material, you agree that you and your Representatives shall continue to be bound by your obligations under this Agreement.
Return or Destruction of Documents. 10. If you determine that you do not wish to proceed with a Transaction or your evaluation hereof, you will promptly advise the Company of that decision. In that case, or if at any time the Company so requests in writing, you will promptly (and in any event within 10 days) either, at your option, (i) deliver to the Company all of the Evaluation Material (including all copies, reproductions, summaries, analyses or extracts thereof or based thereon) in your possession or in the possession of any of your Representatives or (ii) destroy or cause to be destroyed all such Evaluation Material in your possession or in the possession of any of your Representatives (such destruction to be acknowledged by you in writing to the Company). Notwithstanding such delivery or June 20, 2016 destruction of the Evaluation Material, you agree that you and your Representatives will continue to be bound by your obligations under this Agreement. Notwithstanding the foregoing, (i) you and your Representatives will not be required to delete, erase or destroy any Evaluation Material contained in an archived computer backup system stored as a result of automated back-up procedures (it being agreed that you and your Representatives will not access such archived computer files containing any such Evaluation Material after such delivery or destruction is otherwise required) and (ii) you and/or your Representatives may retain one copy of the Evaluation Material (and may only access any such Evaluation Material) to the extent and for so long as such retention and access by you or such Representative, as applicable, is required by law or regulation; provided, however, that in the case of each of clauses (i) and (ii) of this sentence, notwithstanding any other provision of this Agreement, you and your applicable Representatives will continue to be bound by the terms of this Agreement as if it were in full force and effect with respect to any such Evaluation Material for so long as you or your applicable Representatives retain any such Evaluation Material.
Return or Destruction of Documents. Any documents and information produced by Omnicare as part of settlement discussions until execution of this Agreement, including all copies, excerpts, and electronic versions thereof, shall be destroyed by Class Counsel or returned to Omnicare’s Counsel within ten (10) days of the Effective Date. Within fourteen (14) days after the Effective Date, each Class Counsel shall notify Omnicare’s Counsel in writing that he or she has destroyed or returned any and all such documents produced by Omnicare and has not retained any copies thereof.
Return or Destruction of Documents. If the Evaluating Party ceases for any reason to proceed with acquiring rights and obligations of the Lessor under the Lease Agreement or a sub-participation therein, or otherwise upon the request of the Lessee or Viatel, the Evaluating Party and each Other Recipient shall promptly deliver to the Lessee or Viatel all written Confidential Information, and shall destroy any copies of the Confidential Information and any portion of such information as may consist of analysis, forecast, interpretation or other document prepared by the Evaluating Party or Other Recipient which is in its or their possession or under its or their custody and control and expunge any Confidential Information, analysis, forecast, interpretation or other document from any computer, word processor or other device in its or their possession or under its or their custody or control (save where regulatory requirements dictates otherwise). The Evaluating Party shall certify to Viatel that all confidential information has been returned and such destruction has been effected, as appropriate.
Return or Destruction of Documents. Within ten (10) business days of receipt of the Disclosing Party’s written request, the other party will return to the Disclosing Party, or destroy at the Disclosing Party’s option, all documents, records, prototypes, products and copies containing or generated from Confidential Information. For purposes of this section, the term “document” includes all information stored in any tangible medium of expression, in whatever form or format.
Return or Destruction of Documents. In the event of the termination of the Merger Agreement for any reason, the Receiving Party and its Representatives will promptly upon the request of the Disclosing Party, at its option, either (i) destroy all copies of the Confidential Information in its or its Representative’s possession or control or (ii) deliver to the Disclosing Party at its own expense all hard copies of the Confidential Information and, for the avoidance of doubt, in each case, permanently erase or delete all electronic copies of the Confidential Information in its or its Representatives’ possession or control; provided that (x) the Receiving Party and its Representatives shall not be required to delete, erase or destroy any Confidential Information contained in an archived computer backup system stored as a result of automated backup procedures in the ordinary course (it being agreed that the Receiving Party and its Representatives shall not access such archived computer files containing any such Confidential Information after such delivery or destruction is otherwise required), and (y) the Receiving Party may retain one copy of the Confidential Information (and may only access any such Confidential Information) to the extent and for so long as such retention and access by it is required by law or regulation for use solely to comply with such law or regulation.
Return or Destruction of Documents. At any time upon the written request of the Company, the Recipient and its Representatives shall as promptly as reasonably practicable, at the Recipient’s election, return to the Company or destroy all copies of Proprietary Information in its or their possession or under its or their custody or control (including (a) any additional copies of Proprietary Information made by or on behalf of the Recipient or its Representatives and (b) Proprietary Information stored in electronic form on computers). Neither the Recipient nor its Representatives shall retain any copies or other reproductions in whole or in part of such material; provided, that (i) the Recipient’s external advisors may retain, solely for compliance purposes, copies of the Proprietary Information in accordance with policies and procedures implemented by such persons in order to comply with law, regulation or professional standards, (ii) the Recipient may retain one copy of all such Proprietary Information in its legal department solely for archival and compliance purposes and (iii) the Recipient and its Representatives are not required to destroy any electronic records or files containing Proprietary Information that have been created pursuant to automatic archiving and backup procedures that cannot reasonably be expunged. In addition, if requested by the Company, SPHIL shall cause one of its authorized officers to certify in writing to the Company that the Recipient and its Representatives have complied with their respective obligations under this Section 9. Notwithstanding the destruction or return, as applicable, of Proprietary Information, the Recipient and its Representatives will continue to be bound by the Recipient’s confidentiality and non-disclosure and other obligations hereunder unless otherwise provided for in this letter agreement.
