Common use of Sharing of Information Clause in Contracts

Sharing of Information. Each Party (the “Recipient Party”) agrees to maintain the confidentiality of, and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement (“Confidential Information”) by or on behalf of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law or applicable legal process, provided the Recipient Party agrees to (a) immediately notify the Disclosing Party in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense of the Disclosing Party). If such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof), (i) the Recipient Party may disclose that portion of the Confidential Information it is legally required to disclose, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ fees.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, competition or any other applicable Law, each of PubCo, each of the Partners and the Sponsor agrees to maintain and acknowledges that the confidentiality ofdirectors designated by the Partners and the Sponsor, may share confidential, non-public information about PubCo and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its subsidiaries (“Confidential Information”) by or on behalf with the Partners and the Sponsor, as applicable. Each of the other Party (Partners and the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their the Partners and the Sponsor covenants and agrees that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities Laws) or applicable legal processby a court of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any routine audit or examination as described below) such Party agrees to (a) immediately notify the Disclosing Party in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (extent legally permissible) promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit any of the Partners or the Sponsor from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member or shareholder of such Party, provided, that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.2 by any such Person or (y) if such disclosure is made to a Governmental Entity or regulatory authority with jurisdiction over such Party in connection with a routine audit or examination that is not specifically directed at PubCo or the Disclosing Confidential Information, provided that such Party shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of the Partners or the Sponsor, unless such Confidential Information is actually provided to such Person. Furthermore, receipt of Confidential Information shall not be imputed to any Affiliate of the Partners or the Sponsor solely by obtaining injunctive virtue of the fact that the party serves in a similar capacity for such Affiliate (a “Shared Representative”) and has received Confidential Information unless a Shared Representative (1) conveys, shares or specific relief from a court communicates, in any manner, Confidential Information to such Affiliate or (2) participates, directly or indirectly, on behalf of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or such Affiliate in equity, including, but not limited to, damages and reasonable attorneys’ feesactivities prohibited by this Agreement.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, competition or any other applicable Law, each of CayCo and the Holders agrees to maintain and acknowledges that the confidentiality ofdirectors designated by the Sponsor may share confidential, non-public information about CayCo and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its Subsidiaries (“Confidential Information”) by with the Sponsor Parties. Each Sponsor Party recognizes that it, or on behalf of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the its affiliates and representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause CayCo substantial loss and damages that is could not be readily calculated and for which no remedy at law would be adequate. Accordingly, each Sponsor Party covenants and agrees with CayCo that it will not (and will cause its respective controlled affiliates and representatives not to) at any time, except with the prior written consent of CayCo, directly or has become published or otherwise generally available indirectly, disclose any Confidential Information known to it to any third party, unless (a) such information becomes known to the publicpublic through no fault of such party, other than as a consequence of the willful or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”b) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law applicable Law (including any filing following the Closing with the Commission pursuant to applicable securities Laws) or applicable legal processcourt of competent jurisdiction or requested by a governmental or regulatory authority; provided that, provided (other than in the Recipient case of any required filing following the Closing with the Commission, or in connection with any routine audit or examination as described below) such Sponsor Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies CayCo of the existence, terms and circumstances surrounding such a requirementrequirement or request, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (takes commercially reasonable steps, at the sole cost and expense of CayCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Sponsor Party before, on or after the Recipient Party may disclose that portion Closing, without restriction, from a source (other than CayCo) without any breach of duty to CayCo or (d) such information was independently developed by such Sponsor Party, its affiliates or its representatives without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Agreement shall prohibit any Sponsor Party from disclosing Confidential Information it (x) to any affiliate or representative of such Sponsor Party, or any limited partner, member or shareholder of any of the foregoing, provided that, such Person shall be bound by an obligation of confidentiality with respect to such Confidential Information, and such Sponsor Party shall be responsible for any breach of this Section 6.3 by any such Person, or (y) if such disclosure is legally required made to disclosea governmental or regulatory authority with jurisdiction over such Sponsor Party in connection with a routine audit or examination that is not specifically directed at CayCo or the Confidential Information, (ii) the Recipient provided that, such Sponsor Party will exercise reasonable efforts to obtain assurance shall request that confidential treatment will be accorded the to any information so disclosed. No Confidential Information shall be deemed to be disclosedprovided to any Person, and (iii) the Recipient Party will give written notice to the Disclosing Party including any affiliate of the information Sponsor Parties unless such Confidential Information is actually provided to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain extent permitted by antitrust, competition or any other applicable Law, each of Parties agree and acknowledge that the confidentiality ofdirectors designated by Sponsor and Sellers may share confidential, non-public information about PubCo and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its Subsidiaries (“Confidential Information”) by or on behalf with Sponsor and Sellers, as applicable. Each of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor and Sellers recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their Sponsor and Sellers covenants and agrees with PubCo that it will not (and will cause its respective employees, agents controlled Affiliates and representatives (collectively, “Representatives”) involved in the performance of this Agreement prior to making the direct its Representatives who actually receive Confidential Information available to them. Any breach not to) at any time, except with the prior written consent of confidentiality PubCo, directly or non-use of indirectly, disclose any Confidential Information by known to it to any Representative will be deemed a breach third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities laws) or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any routine audit or examination as described below) such Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies PubCo of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit any of Sponsor or Sellers from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member or shareholder of such Party or to such Party’s attorneys, accountants, consultants, advisors and other representatives if such Persons have a need to know such information in order to perform their duties and/or properly advise such Party, provided, that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.7 by any such Person or (y) if such disclosure is made to a governmental or regulatory authority with jurisdiction over such Party in connection with a routine audit or examination that is not specifically directed at PubCo or the Disclosing Confidential Information, provided that such Party shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of Sponsor or Sellers, unless such Confidential Information is actually provided to such Person. Furthermore, receipt of Confidential Information shall not be imputed to any Affiliate of Sponsor or Sellers solely by obtaining injunctive virtue of the fact that the party serves in a similar capacity for such Affiliate (a “Shared Representative”) and has received Confidential Information unless a Shared Representative (x) conveys, shares or specific relief from a court communicates, in any manner, Confidential Information to such Affiliate or (y) participates, directly or indirectly, on behalf of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or such Affiliate in equity, including, but not limited to, damages and reasonable attorneys’ feesactivities prohibited by this Investor Rights Agreement.

Sharing of Information. Each EWS and SNI (acting directly or through their respective Subsidiaries or Affiliates) shall provide to the other and their respective agents and vendors all Information as the other may reasonably request to enable the requesting Party (to administer efficiently and accurately each of its Benefit Plans, to assist SNI in obtaining its own insurance policies to provide benefits under SNI Benefit Plans, and to determine the “Recipient Party”) agrees to maintain the confidentiality scope of, and not as well as fulfill, its obligations under this Agreement; provided, however, that in the event that any Party reasonably determines that any such provision of Information could be commercially detrimental to usesuch Party or any member of its Group, violate any Law or agreement to which such Party or member of its Group is a party, or waive any attorney-client privilege applicable to such Party or member of its Group, the confidential or proprietary information disclosed pursuant Parties shall provide any such Information and the Parties shall take all reasonable measures to or in connection comply with this Agreement (“Confidential Information”) by or on behalf of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do 11.01 in a manner that mitigates any such harm or consequence to the extent practicable, and the Parties agree to cooperate with each other and take such commercially reasonable steps as may be practicable to preserve the attorney-client privilege with respect to the disclosure of any such Information. Such Information shall, to the extent reasonably practicable, be provided in the format and at the times and places requested, but in no event shall the Party providing such Information be obligated to incur any out-of-pocket expenses not apply reimbursed by the Party making such request or make such Information available outside of its normal business hours and premises. Any Information shared or exchanged pursuant to such part this Agreement shall be subject to the same confidentiality requirements set forth in Section 7.08 of the Confidential Information that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written recordsSeparation Agreement. The Recipient Party will impose corresponding obligations Parties also hereby agree to enter into any business associate agreements that may be required for the sharing of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”) involved in the performance of any Information pursuant to this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law or applicable legal process, provided the Recipient Party agrees to (a) immediately notify the Disclosing Party in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense of the Disclosing Party). If such protective order or other remedy is not obtained (or the Disclosing Party waives compliance comply with the provisions hereof), (i) the Recipient Party may disclose that portion requirements of the Confidential Information it is legally required to disclose, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feesHIPAA.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain the confidentiality ofextent permitted by antitrust, and not to usecompetition or any other applicable Law, each of PubCo, the confidential or proprietary Sellers and the Sponsor agrees and acknowledges that the directors designated by Apax and the Sponsor and the Apax Board Observer may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its Subsidiaries (“Confidential Information”) by or on behalf with Apax and the Sponsor, as applicable. Each of Apax and the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their Apax and the Sponsor covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided that such Party promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, provided the Recipient Party agrees to (a) immediately notify the Disclosing Party in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit Apax and the Sponsor from disclosing Confidential Information to any Affiliate, Representative, limited partner, member or shareholder of such Party; provided that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.2 by any such Person. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of Apax or the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief Sponsor, unless such Confidential Information is cumulative and not exclusive of any other remedies available actually provided to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain the confidentiality ofextent permitted by antitrust, and not to usecompetition or any other applicable Law, each of PubCo, the confidential or proprietary Shareholder Representative and Sponsor agree and acknowledge that the directors designated by the Shareholder Representative and Sponsor, may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by with the Shareholder Representative or on behalf Sponsor, as applicable. Each of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Shareholder Representative and Sponsor recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their the Shareholder Representative and Sponsor covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives except with the prior written consent of PubCo, directly or indirectly, disclose any Confidential Information known to it to any third party, unless (collectively, “Representatives”a) involved such information becomes known to the public through no fault of such Party in the performance violation of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential InformationInvestor Rights Agreement, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities laws) or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any Regulatory Inquiry, for which notification shall expressly not be required) such Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies PubCo of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance PubCo or any of its disclosure as practicable. The parties agree that any violation of this Section Affiliates or (d) such information was independently developed by the Recipient such Party or its Representatives may be enforced by without the Disclosing Party by obtaining injunctive use of, or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited reference to, damages the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit the Shareholder Representative and reasonable attorneys’ feesSponsor from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member, shareholder or other equity holder of such Party, provided, that such Person shall be bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.4 by any such Person or (y) if such disclosure is made pursuant to any examinations, audits, investigations, regulatory sweeps or other regulatory inquiries by regulatory agencies, self-regulatory organizations, governmental agencies or examiners thereof (each a “Regulatory Inquiry”) with jurisdiction over such Party in connection with a Regulatory Inquiry that is not specifically directed at PubCo or the Confidential Information, provided that such Party shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of a Pre-Closing Holder or Sponsor, unless such Confidential Information is actually provided to such Person.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, competition or any other applicable Law, each of the Sellers and the Sponsor agrees to maintain and acknowledges that the confidentiality ofdirectors designated by the Seller Representative and the Sponsor Representative may share confidential, non-public information about PubCo and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its subsidiaries (“Confidential Information”) by or on behalf with the Sellers and the Sponsor, respectively. Each of the other Party (Sellers and the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their the Sellers and the Sponsor covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided that such Party promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, provided the Recipient Party agrees to (a) immediately notify the Disclosing Party in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Nothing in this Investor Rights Agreement shall prohibit any of the Sellers and the Sponsor from disclosing Confidential Information to any Affiliate, Representative, limited partner, member or shareholder of such Party; provided that such Party shall be enforced responsible for any breach of this Section 2.4 by the Disclosing Party by obtaining injunctive any such Person. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of a Seller or specific relief from a court of competent jurisdiction. Such relief Sponsor, unless such Confidential Information is cumulative and not exclusive of any other remedies available actually provided to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain extent permitted by antitrust, competition or any other applicable Law, each of the confidentiality ofSponsor, the Blocker Owner and CF OMS, severally and not to usejointly, agrees with PubCo and acknowledges that the Sponsor Director, the confidential or proprietary Milestone Director and the Fortress Director, as applicable, may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by or on behalf with the Sponsor, the Blocker Owner and CF OMS, respectively. Further, each of the other Party (Sponsor, the “Disclosing Party”) for any purpose whatsoever except Blocker Owner and CF OMS recognizes that it, or its Affiliates, Permitted Transferees and Representatives, has acquired or will acquire Confidential Information in connection with performance pursuant to this AgreementAgreement or otherwise, the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. The obligations undertaken pursuant to this Section do not apply to such part Accordingly, each of the Sponsor, the Blocker Owner and CF OMS, severally and not jointly, covenants and agrees with PubCo that it will not (and will cause its respective Affiliates, Permitted Transferees and Representatives not to) at any time, except with the prior written consent of PubCo, directly or indirectly, disclose any Confidential Information that is or has become published or otherwise generally available known to it to any third party, unless (a) such information becomes known to the public, other than as a consequence public through no fault of the willful or negligent act or omission of the Recipient such Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”b) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law applicable Law or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided that such Party promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, provided at the Recipient sole cost and expense of PubCo, to minimize the extent of any such required disclosure, (c) such information was available or becomes available to such Party agrees before, on or after the Effective Date, without restriction, from a source (other than PubCo) without any breach of duty to PubCo or (ad) immediately notify such information was independently developed by such Party or its Representatives without the Disclosing Party in writing use of the existenceConfidential Information. Nothing in this Agreement shall prohibit any of the Sponsor, terms the Blocker Owner or CF OMS from disclosing Confidential Information to any Affiliate or Representative, limited partner, member, equityholder, manager, investor or potential investor of such Party; provided that such Party shall be responsible for any breach of this Section 3.4 by any such Person. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of the Sponsor, the Blocker Owner or CF OMS, unless such Confidential Information is actually provided to such Person. PubCo and circumstances surrounding such a requirementeach other Party, severally and not jointly, acknowledges and agrees with PubCo that each of the Sponsor, the Blocker Owner and CF OMS and their respective Affiliates may currently be invested in, may invest in, or may consider investments in companies that compete either directly or indirectly with PubCo and its subsidiaries, or operate in the same or similar business as PubCo and its subsidiaries, and that nothing herein shall be in any way construed to prohibit or restrict the Sponsor, the Blocker Owner, CF OMS or their respective Affiliates’ ability to maintain, make or consider such other investments (b) assist the Disclosing Party in seeking a protective order or including purchasing publicly traded securities). PubCo and each other appropriate remedy satisfactory Party, severally and not jointly, agrees with PubCo that, to the Disclosing Party (at the expense extent permitted under applicable Law, each of the Disclosing Party). If such protective order Sponsor, the Blocker Owner and CF OMS (other than any equityholder that is an employee of PubCo or any of its subsidiaries) and their respective Affiliates shall not be liable to PubCo, or any other remedy is not obtained (Party for any claim arising out of, or the Disclosing Party waives compliance with the provisions hereof)based upon, (i) the Recipient Party investment by such Party, or such Party’s Affiliates in any entity competitive with PubCo, or (ii) actions taken by any partner, officer, employee or other representative of any such Party, or such Party’s Affiliates to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on PubCo; provided that (x) no Confidential Information is used or disclosed in connection with such activities and (y) the foregoing shall not relieve any director or officer of PubCo from any liability associated with his or her fiduciary duties to PubCo. Notwithstanding the foregoing or anything to the contrary herein, (1) each of the Sponsor, the Blocker Owner and CF OMS (a) may disclose Confidential Information in connection with routine supervisory audit or regulatory examinations (including by regulatory or self-regulatory bodies) to which they are subject in the course of their respective businesses without liability hereunder and (b) shall not be required to provide notice to any party in the course of any such routine supervisory audit or regulatory examination, provided that portion such routine audit or examination does not specifically target PubCo, any of its subsidiaries or the Confidential Information it and (2) each Party (other than PubCo) that is, or is legally required to disclosean Affiliate of, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be discloseda private equity, venture capital or other investment firm, and (iii) its respective Affiliates may provide information about the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation subject matter of this Section by the Recipient Party Agreement to prospective and existing investors in connection with fund raising, marketing, informational, transactional or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feesreporting activities.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, competition or any other applicable Law, each of PubCo, the Sellers, the Sponsor and PIF agrees to maintain and acknowledges that the confidentiality ofdirectors designated by the Seller Representative and the Sponsor, and not to usethe PIF Board Observer designated by PIF, the confidential or proprietary may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by with the Sellers, the Sponsor, the GIC Holders or on behalf PIF, as applicable. Each of the other Party (Sellers, the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor and PIF recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their the Sellers, the Sponsor and PIF covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities laws or applicable legal processany filing required to be made in connection with obtaining CFIUS Clearance) or court of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any routine audit or examination as described below) such Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies PubCo of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit any of the Sellers, the Sponsor and PIF from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member or shareholder of such Party, provided, that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.3 by any such Person or (y) if such disclosure is made to a governmental or regulatory authority with jurisdiction over such Party in connection with a routine audit or examination that is not specifically directed at PubCo or the Disclosing Confidential Information, provided that such Party by obtaining injunctive shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of a Seller, the Sponsor or specific relief from a court of competent jurisdiction. Such relief PIF, unless such Confidential Information is cumulative and not exclusive of any other remedies available actually provided to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain the confidentiality ofextent permitted by antitrust, and not to usecompetition or any other applicable Law, each of PubCo, the confidential or proprietary Partners and the Sponsor agrees and acknowledges that the directors designated by the Partners and the Sponsor may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by or on behalf with the Partners and the Sponsor, as applicable. Each of the other Party (Partners and the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information Sponsor recognizes that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Partyit, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their the Partners and the Sponsor covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities laws) or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any routine audit or examination as described below) such Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies PubCo of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit any of the Partners or the Sponsor from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member or shareholder of such Party, provided, that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this Section 2.2 by any such Person or (y) if such disclosure is made to a governmental or regulatory authority with jurisdiction over such Party in connection with a routine audit or examination that is not specifically directed at PubCo or the Disclosing Confidential Information, provided that such Party shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of the Partners or the Sponsor, unless such Confidential Information is actually provided to such Person. Furthermore, receipt of Confidential Information shall not be imputed to any Affiliate of the Partners or the Sponsor solely by obtaining injunctive virtue of the fact that the party serves in a similar capacity for such Affiliate (a “Shared Representative”) and has received Confidential Information unless a Shared Representative (x) conveys, shares or specific relief from a court communicates, in any manner, Confidential Information to such Affiliate or (y) participates, directly or indirectly, on behalf of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or such Affiliate in equity, including, but not limited to, damages and reasonable attorneys’ feesactivities prohibited by this Agreement.

Sharing of Information. Each Party (Consistent with the “Recipient Party”) agrees to maintain purpose stipulated by the confidentiality ofParties in Title II, and not to usethe extent allowed by law, policy and regulation, BOEM and the Lessee agree to (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. The Lessee and BOEM agree to work to ensure that all required completion report information is received. The Parties to this Lease acknowledge that information and reports required by and/or exchanged pursuant to the subject Project may include confidential business information, proprietary information, or other sensitive information that should be protected from disclosure. Any Party, contractor, or agent of one of the Parties requesting that information or reports provided pursuant to this Lease be treated as confidential, will prominently mark the information and report as “Confidential” along with the basis for the claim of confidentiality. Any cover correspondence submitted with the information or report will likewise note the claim of confidentiality. To the extent practicable, a Party to this Lease may only request information that has been marked as “Confidential” and is in the possession of another Party to this Lease if the information is needed by the requesting Party to carry out their obligations under this Lease or if the information is necessary for the requesting Party to fulfill their obligations under the law. The Party in possession of the information requested may work with the requesting party to determine if the information may be shared without waiving the confidential or proprietary information disclosed pursuant to or in connection with this Agreement (“Confidential Information”) by or on behalf nature of the material. The Parties further agree that they will notify the other Party (the “Disclosing Party”) for as soon as possible, in writing, of any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information request by any Representative will be deemed a breach person seeking the release or disclosure of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law or applicable legal process, provided the Recipient Party agrees to (a) immediately notify the Disclosing Party information marked “Confidential” in writing of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense of the Disclosing Party). If such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof), (i) the Recipient Party may disclose that portion of the Confidential Information it is legally required to disclose, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law whole or in equitypart, including, but not limited to, damages requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access requests under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable opportunity to seek a Court order to prevent release or disclosure. Any disputes among the Parties regarding requests for information or the confidential nature of the information requested will be resolved according to applicable law and reasonable attorneys’ feesthrough the dispute resolution process identified in Stipulation No. 18. With regard to third party requests for information produced or shared in accordance with this lease, the request will be addressed in accordance with applicable law. If the Party or individual claiming the information or report is confidential fails to obtain a timely Court order preventing the release or disclosure of the information, the Party in possession of the information will release it to the extent required by applicable law.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain extent permitted by antitrust, competition or any other applicable Law, each Equityholder and the confidentiality ofSponsor, severally and not to usejointly, agrees with PubCo and acknowledges that the confidential or proprietary directors designated by the Sponsor and the IVP Representative may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by with the Sponsor (or on behalf of the other Party (Founder Holders) and the “Disclosing Party”) for any purpose whatsoever except IVP Equityholders. Further, each Equityholder and the Sponsor recognizes that it, or its Affiliates, Permitted Transferees and Representatives, has acquired or will acquire Confidential Information in connection with performance pursuant to this AgreementAgreement or otherwise, the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. The obligations undertaken pursuant to this Section do Accordingly, each Equityholder and the Sponsor, severally and not apply to such part jointly, covenants and agrees with PubCo that it will not (and will cause its respective Affiliates, Permitted Transferees and Representatives not to) at any time, except with the prior written consent of the PubCo, directly or indirectly, disclose any Confidential Information that is or has become published or otherwise generally available known to it to any third party, unless (a) such information becomes known to the public, other than as a consequence public through no fault of the willful or negligent act or omission of the Recipient such Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”b) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law applicable Law or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided that such Party promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, provided at the Recipient sole cost and expense of PubCo, to minimize the extent of any such required disclosure, (c) such information was available or becomes available to such Party agrees before, on or after the Effective Date, without restriction, from a source (other than PubCo) without any breach of duty to PubCo or (ad) immediately notify such information was independently developed by such Party or its Representatives without the Disclosing Party in writing use of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party Confidential Information. Nothing in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense this Agreement shall prohibit any of the Disclosing Party). If such protective order IVP Equityholders or other remedy is not obtained the Sponsor (or the Disclosing Founder Holders) from disclosing Confidential Information to any Affiliate, Representative, limited partner, member or shareholder of such Party; provided that such Party waives compliance shall be responsible for any breach of this Section 3.3 by any such Person. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of an Equityholder or Sponsor, unless such Confidential Information is actually provided to such Person. PubCo and each Equityholder and the Sponsor, severally and not jointly, acknowledges and agrees with PubCo that each of the provisions hereofEquityholders, the Sponsor and their respective Affiliates (including CC Capital and NBOKS) may currently be invested in, may invest in, or may consider investments in companies that compete either directly or indirectly with PubCo and its subsidiaries, or operate in the same or similar business as PubCo and its subsidiaries, and that nothing herein shall be in any way construed to prohibit or restrict the Equityholders, the Sponsor or their respective Affiliates’ (including CC Capital and NBOKS) ability to maintain, make or consider such other investments (including purchasing publicly traded securities). PubCo and each Equityholder and the Sponsor, severally and not jointly, hereby agrees with PubCo that, to the extent permitted under applicable law, each of the Equityholders and the Sponsor (other than any Equityholder that is an employee of PubCo or any of its subsidiaries) and their respective Affiliates (including CC Capital and NBOKS) shall not be liable to PubCo, the Sponsor or any other Equityholder for any claim arising out of, or based upon, (i) the Recipient Party investment by such Equityholder or the Sponsor, as applicable, or such Party’s Affiliates in any entity competitive with PubCo, or (ii) actions taken by any partner, officer, employee or other representative of any such Equityholder or the Sponsor, as applicable, or such Party’s Affiliates to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on PubCo; provided, however, that (x) no Confidential Information is used or disclosed in connection with such activities and (y) the foregoing shall not relieve any director or officer of PubCo from any liability associated with his or her fiduciary duties to PubCo. Notwithstanding the foregoing or anything to the contrary herein, (1) each of the IVP Equityholders and the Sponsor, CC Capital and NBOKS (a) may disclose Confidential Information in connection with routine supervisory audit or regulatory examinations (including by regulatory or self-regulatory bodies) to which they are subject in the course of their respective businesses without liability hereunder and (b) shall not be required to provide notice to any party in the course of any such routine supervisory audit or regulatory examination, provided that portion such routine audit or examination does not specifically target PubCo, any of its subsidiaries or the Confidential Information it is legally required to disclose, and (ii2) the Recipient Party will exercise reasonable efforts to obtain assurance Sponsor, CC Capital, NBOKS and each Equityholder that confidential treatment will be accorded is a private equity, venture capital or other investment firm and their respective Affiliates may provide information about the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation subject matter of this Section by the Recipient Party Agreement to prospective and existing investors in connection with fund raising, marketing, informational, transactional or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feesreporting activities.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, competition or any other applicable Law, each of the Company and the Holders agrees to maintain and acknowledges that the confidentiality ofSponsor may share confidential, non-public information about the Company and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its Subsidiaries (“Confidential Information”) by with the Sponsor Parties in order to enable the Sponsor to monitor its investment in the Company. Each Sponsor Party recognizes that it, or on behalf its affiliates and representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause the Company substantial loss and damages that could not be readily calculated and for which no remedy at law would be adequate. Accordingly, each Sponsor Party covenants and agrees with the Company that it will not (and will cause its respective controlled affiliates and representatives not to) at any time, except with the prior written consent of the other Party (the “Disclosing Party”) for Company, directly or indirectly, disclose any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information that is or has become published or otherwise generally available known to it to any third party, unless (a) such information becomes known to the public, other than as a consequence of the willful public through disclosure made or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use approved by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential InformationCompany, where such (b) disclosure is required by law applicable Law (including any filing following the Closing with the Commission pursuant to applicable securities Laws) or applicable legal processcourt of competent jurisdiction or requested by a governmental or regulatory authority; provided, provided that (other than in the Recipient case of any required filing following the Closing with the Commission or in connection with any routine audit or examination as described below) such Sponsor Party agrees to (a) immediately notify promptly notifies the Disclosing Party in writing Company of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of the Disclosing Party). If Company, to minimize the extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Sponsor Party before, on or after the Recipient Party may disclose that portion Closing, without restriction, from a source (other than the Company) without any breach of duty to the Company or (d) such information was independently developed by such Sponsor Party, its affiliates or its representatives without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Agreement shall prohibit any Sponsor Party from disclosing Confidential Information it (x) to any affiliate or representative of such Sponsor Party, or any limited partner, member or shareholder of any of the foregoing, provided, that such person shall be bound by an obligation of confidentiality with respect to such Confidential Information and such Sponsor Party shall be responsible for any breach of this Section 5.5 by any such person or (y) if such disclosure is legally required made to disclosea governmental or regulatory authority with jurisdiction over such Sponsor Party in connection with a routine audit or examination that is not specifically directed at the Company or the Confidential Information, (ii) the Recipient provided, that such Sponsor Party will exercise reasonable efforts to obtain assurance shall request that confidential treatment will be accorded the to any information so disclosed. No Confidential Information shall be deemed to be disclosedprovided to any person, and (iii) the Recipient Party will give written notice to the Disclosing Party including any affiliate of the information Sponsor Parties unless such Confidential Information is actually provided to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (Consistent with the “Recipient Party”) agrees to maintain purpose stipulated by the confidentiality ofparties in Title II, and not to usethe extent allowed by law, policy and regulation, the confidential USACE, the County, and BOEM agree to: (1) share all information needed for or proprietary generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information disclosed to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. The Parties to this MOA acknowledge that information and reports required by and/or exchanged pursuant to the project that is the subject of this MOA may include confidential business information, proprietary information, or in connection with this Agreement (“Confidential Information”) by other sensitive information that should be protected from disclosure. Any Party, contractor or on behalf agent of one of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance Parties requesting information or reports provided pursuant to this AgreementMOA be treated as confidential, will prominently xxxx the information and report as “Confidential” along with the bases for the claim of confidentiality. Any covering correspondence submitted with the information or report will likewise note the claim of confidentiality being asserted. To the extent practicable, a Party to this MOA may only request information that has been marked as “Confidential” and is in the possession of another Party to this MOA if the information is needed by the requesting Party to carry out their obligations under this MOA or if the information is necessary for the requesting Party to fulfill their obligations under the law. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information that is or has become published or otherwise generally available to the public, other than as a consequence of the willful or negligent act or omission of the Recipient Party, or which, at the time of disclosure to the Recipient Party, was already Party in the lawful possession of the Recipient Party, as evidenced by written recordsinformation requested may work with the requesting party to determine if the information can be shared without waiving the confidential nature of the material. The Recipient Party Parties further agree that they will impose corresponding obligations of confidentiality immediately and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law or applicable legal process, provided the Recipient Party agrees to (a) immediately timely notify the Disclosing Party other parties in writing of any request by any person seeking the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party release or disclosure of information marked “Confidential” in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense of the Disclosing Party). If such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof), (i) the Recipient Party may disclose that portion of the Confidential Information it is legally required to disclose, (ii) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section by the Recipient Party or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law whole or in equitypart, including, but not limited to, damages and requests pursuant to Court orders, discovery, subpoenas, or other compulsory process, or public access request under applicable Federal or State law. Notification will be considered timely if it provides the Parties or individuals claiming the information or report is confidential a reasonable attorneys’ feesopportunity to seek a Court order to prevent release or disclosure. Any disputes regarding requests for information or the confidential nature of the information requested will be resolved jointly among the Parties involved, including through the dispute resolution process identified in Paragraph 16.

Sharing of Information. Each Party (To the “Recipient Party”) extent permitted by antitrust, securities, competition or any other applicable Law, each of PubCo, Xxxx and the Sponsor agrees to maintain and acknowledges that the confidentiality ofdirectors designated by Xxxx and the Sponsor may share confidential, non-public information about PubCo and not to use, the confidential or proprietary information disclosed pursuant to or in connection with this Agreement its subsidiaries (“Confidential Information”) by with Xxxx or on behalf the Sponsor, as applicable; provided that such sharing of the other Party (the “Disclosing Party”) for any purpose whatsoever except in connection with performance pursuant to this Agreement. The obligations undertaken pursuant to this Section do not apply to such part of the Confidential Information that is or has become published or otherwise generally available complies with such directors’ fiduciary duties and confidentiality arrangements subject to the public, other than satisfaction of PubCo and is in such directors’ capacity as a consequence directors of PubCo. Each of Xxxx and the willful or negligent act or omission of the Recipient PartySponsor recognizes that it, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and Representatives, has acquired or will acquire Confidential Information the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each of their Xxxx and the Sponsor covenants and agrees with PubCo that it will not (and will cause its respective employeescontrolled Affiliates and Representatives not to) at any time, agents and representatives (collectivelyexcept with the prior written consent of PubCo, “Representatives”) involved in the performance of this Agreement prior to making the directly or indirectly, disclose any Confidential Information available known to them. Any breach it to any third party, unless (a) such information becomes known to the public through no fault of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient such Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such (b) disclosure is required by law applicable Law (including any filing following the Closing Date with the SEC pursuant to applicable securities laws) or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided, provided that (other than in the Recipient case of any required filing following the Closing Date with the SEC or in connection with any routine audit or examination as described below) such Party agrees to (a) immediately notify the Disclosing Party in writing promptly notifies PubCo of the existencesuch requirement or request and takes commercially reasonable steps, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the sole cost and expense of PubCo, to minimize the Disclosing Party). If extent of any such protective order or other remedy is not obtained (or the Disclosing Party waives compliance with the provisions hereof)required disclosure, (ic) such information was available or becomes available to such Party before, on or after the Recipient Party may disclose that portion Effective Date, without restriction, from a source (other than PubCo) without any breach of the Confidential Information it is legally required duty to disclose, PubCo or (iid) the Recipient Party will exercise reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the such information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation of this Section was independently developed by the Recipient such Party or its Representatives may without the use of the Confidential Information. Notwithstanding the foregoing, nothing in this Investor Rights Agreement shall prohibit Xxxx or the Sponsor from disclosing Confidential Information (x) to any Affiliate, Representative, limited partner, member or shareholder of such Party, provided, that such Person shall be enforced bound by an obligation of confidentiality with respect to such Confidential Information and such Party shall be responsible for any breach of this ‎Section 2.3 by any such Person or (y) if such disclosure is made to a governmental or regulatory authority with jurisdiction over such Party in connection with a routine audit or examination that is not specifically directed at PubCo or the Disclosing Confidential Information, provided that such Party by obtaining injunctive shall request that confidential treatment be accorded to any information so disclosed. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of a Lucid Insider, the Sponsor or specific relief from a court of competent jurisdiction. Such relief Xxxx, unless such Confidential Information is cumulative and not exclusive of any other remedies available actually provided to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feessuch Person.

Sharing of Information. Each Party (To the “Recipient Party”) agrees to maintain extent permitted by antitrust, competition or any other applicable Law, each Equityholder and the confidentiality ofSponsor, severally and not to usejointly, agrees with PubCo and acknowledges that the confidential or proprietary directors designated by the Sponsor and the IVP Representative may share confidential, non-public information disclosed pursuant to or in connection with this Agreement about PubCo and its subsidiaries (“Confidential Information”) by with the Sponsor (or on behalf of the other Party (Founder Holders) and the “Disclosing Party”) for any purpose whatsoever except IVP Equityholders. Further, each Equityholder and the Sponsor recognizes that it, or its Affiliates, Permitted Transferees and Representatives, has acquired or will acquire Confidential Information in connection with performance pursuant to this AgreementAgreement or otherwise, the use or disclosure of which could cause PubCo substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. The obligations undertaken pursuant to this Section do Accordingly, each Equityholder and the Sponsor, severally and not apply to such part jointly, covenants and agrees with PubCo that it will not (and will cause its respective Affiliates, Permitted Transferees and Representatives not to) at any time, except with the prior written consent of the PubCo, directly or indirectly, disclose any Confidential Information that is or has become published or otherwise generally available known to it to any third party, unless (a) such information becomes known to the public, other than as a consequence public through no fault of the willful or negligent act or omission of the Recipient such Party, or which, at the time of disclosure to the Recipient Party, was already in the lawful possession of the Recipient Party, as evidenced by written records. The Recipient Party will impose corresponding obligations of confidentiality and non-use on its Affiliates and each of their respective employees, agents and representatives (collectively, “Representatives”b) involved in the performance of this Agreement prior to making the Confidential Information available to them. Any breach of confidentiality or non-use of Confidential Information by any Representative will be deemed a breach of confidentiality or non-use by the Recipient Party. It will not be a breach of the confidentiality obligations herein for the Recipient Party to disclose Confidential Information, where such disclosure is required by law applicable Law or applicable legal processcourt of competent jurisdiction or requested by a Governmental Entity; provided that such Party promptly notifies PubCo of such requirement or request and takes commercially reasonable steps, provided at the Recipient sole cost and expense of PubCo, to minimize the extent of any such required disclosure, (c) such information was available or becomes available to such Party agrees before, on or after the Effective Date, without restriction, from a source (other than PubCo) without any breach of duty to PubCo or (ad) immediately notify such information was independently developed by such Party or its Representatives without the Disclosing Party in writing use of the existence, terms and circumstances surrounding such a requirement, and (b) assist the Disclosing Party Confidential Information. Nothing in seeking a protective order or other appropriate remedy satisfactory to the Disclosing Party (at the expense this Agreement shall prohibit any of the Disclosing Party). If such protective order the IVP Equityholders or other remedy is not obtained the Sponsor (or the Disclosing Founder Holders) from disclosing Confidential Information to any Affiliate, Representative, limited partner, member or shareholder of such Party; provided that such Party waives compliance shall be responsible for any breach of this Section 3.3 by any such Person. No Confidential Information shall be deemed to be provided to any Person, including any Affiliate of an Equityholder or Sponsor, unless such Confidential Information is actually provided to such Person. PubCo and each Equityholder and the Sponsor, severally and not jointly, acknowledges and agrees with PubCo that each of the provisions hereofEquityholders, the Sponsor and their respective Affiliates (including CC Capital and NBOKS) may currently be invested in, may invest in, or may consider investments in companies that compete either directly or indirectly with PubCo and its subsidiaries, or operate in the same or similar business as PubCo and its subsidiaries, and that nothing herein shall be in any way construed to prohibit or restrict the Equityholders, the Sponsor or their respective Affiliates’ (including CC Capital and NBOKS) ability to maintain, make or consider such other investments (including purchasing publicly traded securities). PubCo and each Equityholder and the Sponsor, severally and not jointly, hereby agrees with PubCo that, to the extent permitted under applicable law, each of the Equityholders and the Sponsor (other than any Equityholder that is an employee of PubCo or any of its subsidiaries) and their respective Affiliates (including CC Capital and NBOKS) shall not be liable to PubCo, the Sponsor or any other Equityholder for any claim arising out of, or based upon, (i) the Recipient Party investment by such Equityholder or the Sponsor, as applicable, or such Party’s Affiliates in any entity competitive with PubCo, or (ii) actions taken by any partner, officer, employee or other representative of any such Equityholder or the Sponsor, as applicable, or such Party’s Affiliates to assist any such competitive company, whether or not such action was taken as a member of the board of directors of such competitive company or otherwise, and whether or not such action has a detrimental effect on PubCo; provided, however, that (x) no Confidential Information is used or disclosed in connection with such activities and (y) the foregoing shall not relieve any director or officer of PubCo from any liability associated with his or her fiduciary duties to PubCo. Notwithstanding the foregoing or anything to the contrary herein, (1) each of the IVP Equityholders and the Sponsor, CC Capital and NBOKS (a) may disclose Confidential Information in connection with routine supervisory audit or regulatory examinations (including by regulatory or self-regulatory bodies) to which they are subject in the course of their respective businesses without liability hereunder and (b) shall not be required to provide notice to any party in the course of any such routine supervisory audit or regulatory examination, provided that portion such routine audit or examination does not specifically target PubCo, any of its subsidiaries or the Confidential Information it is legally required to disclose, and (ii2) the Recipient Party will exercise reasonable efforts to obtain assurance Sponsor, CC Capital, NBOKS and each Equityholder that confidential treatment will be accorded is a private equity, venture capital or other investment firm and their respective Affiliates may provide information about the Confidential Information to be disclosed, and (iii) the Recipient Party will give written notice to the Disclosing Party of the information to be so disclosed as far in advance of its disclosure as practicable. The parties agree that any violation subject matter of this Section by the Recipient Party Agreement to prospective and existing investors in connection with fund raising, marketing, informational, transactional or its Representatives may be enforced by the Disclosing Party by obtaining injunctive or specific relief from a court of competent jurisdiction. Such relief is cumulative and not exclusive of any other remedies available to the Disclosing Party at law or in equity, including, but not limited to, damages and reasonable attorneys’ feesreporting activities.