XXXXXXXXXXALITY. Each of the Company, ESI axx Xxxxx xxxxes to keep confidential and not to disclose to or use for the benefit of any third party the terms of this Agreement or any other information which at any time is communicated by the other party as being confidential without the prior written approval of the other party; provided, however, that this provision shall not apply to information which, at the time of disclosure, is already part of the public domain (except by breach of this Agreement) and information which is required to be disclosed by law or in Commission Filings.
XXXXXXXXXXALITY. By execution of this Agreement and except as otherwise provided herein, prior to the Effective Time the Surviving Partnership agrees to keep any and all information obtained in or in connection with the due diligence process with respect to the Merged Partnership, its operations, the Real Property and Other Items strictly confidential, and will not disclose any such information without the Merged Partnership's prior written consent, except to the extent required by law.
XXXXXXXXXXALITY a) Will private identifiable information about individuals be collected and used? b) How will research data be collected and recorded? c) What methods and procedures will be used to safeguard the confidentiality of subjects and their data? d) What mechanisms are in place to ensure proper use and continued protection of these data? e) Do any limits to confidentiality exist? f) What will be done with the data when the research is completed? g) Will any external individuals or agencies (such as the study sponsor, FDA, etc.) have access to study data? h) If appropriate, has a Certificate of Confidentiality been obtained? For more information, please see the HIC website: http://www.med.yale.edu/xxx/xxxxxx/XxxX.xxx
XXXXXXXXXXALITY. The Parties agree to keep the terms of this Amended and Restated Letter Agreement strictly confidential, except insofar as such disclosure is required by law. Such confidentiality shall not pertain to the Parties' accountants, attorneys or governmental taxing authorities; provided, however, that each person so informed shall be bound to the confidentiality obligations herein and an unauthorized disclosure by such person shall be deemed to be a breach of this Amended and Restated Letter Agreement. The Parties further agree not to disclose any of their companies' confidential and/or proprietary information, which shall be deemed to mean all non-public information (in whatever form) relating to or arising from each of the applicable companies' business, including, without limitation, trade secrets used, developed or acquired by such company in connection with its business, together with any analyses, records or data generated from such information and material; information concerning the manner and details of such company's operation, organization and management; financial information and/or documents and non-public policies, procedures and other printed, written or electronic material generated or CONFIDENTIAL AND PROPRIETARY used in connection with such company's business; such company's business plans and strategies; and all other information concerning such company's concepts, prospects, customers, employees, agents, contractors, earnings, products, services, equipment, systems and/or prospective and executed contracts and other business arrangements.
