Open Book Basis. All negotiations of Change Orders shall be conducted on an Open Book Basis. Except as required to be disclosed by judicial order or applicable Law, both Parties shall maintain the confidentiality of confidential records obtained or reviewed on an Open Book Basis in connection with such negotiations.
Open Book Basis. Developer shall share with IFA all data, documents and information, and shall conduct all discussions and negotiations, pertaining to a claimed Relief Event on an Open Book Basis.
Open Book Basis. (a) The Generator shall provide the Counterparty and its Representatives with the information contemplated by the definition of Open Book Basis on an Open Book Basis. The Generator acknowledges and agrees that the Counterparty is entering into this Agreement in reliance on the Generator’s covenant to provide such information on an Open Book Basis. The Counterparty acknowledges and agrees that the Generator is agreeing to provide information on an Open Book Basis in reliance on the understanding of the Parties that the Counterparty’s right to “verify” (and variations of such term) set forth in Sections 2.5(b), 3.2(a)(i), 3.2(b), 3.3(a)(ii), 3.3(b), 3.5(b), 9.1(a) and 9.1(b) is a right to review, conduct due diligence and understand such information and the subject matter in respect of which it is provided. Except as otherwise expressly provided herein (including, for greater certainty, Sections 2.4(d), 2.4(e), 2.6(i), 2.6(j), 3.1(b), 3.2(c), 3.5(c) and 4.14), such right does not (i) create a right of approval or consent, or (ii) require the Generator to address any issues raised by the Counterparty in such process.
Open Book Basis. DBT shall share with KYTC all data, documents, and information, and shall conduct all discussions and negotiations pertaining to a claimed Relief Event on an Open Book Basis.
