Common use of Restrictions and Covenants Clause in Contracts

Restrictions and Covenants. Each Party agrees that, in its capacity as the Recipient of Information, it will (i) hold the Discloser's Information in strict confidence, use a high degree of care in safeguarding the Discloser's Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential information, (ii) not divulge any of the Discloser's Information or any information derived therefrom (including results of tests on material samples) to any other Person (except as set forth in Section 2(b) below), (iii) not make any use whatsoever at any time of the Discloser's Information except for the purpose of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement), (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (x) upon the oral or written request of the Discloser, immediately return to the Discloser or destroy (at the option of the Recipient) all such Information, including all originals, copies and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b)

Restrictions and Covenants. Each Party Except as otherwise provided herein, each party agrees that, in its capacity as the Recipient of Confidential Information, it will (i) hold the Discloser's ’s Confidential Information in strict confidence, use a high degree of care in safeguarding the Discloser's ’s Confidential Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's ’s Confidential Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential informationConfidential Information, (ii) not divulge any of the Discloser's ’s Confidential Information or any information derived therefrom (including results of tests on material samples) to any other Person person (except as set forth in Section 2(b9.2(b) below(Disclosure to Representatives) hereof), (iii) not make any use whatsoever at any time of the Discloser's ’s Confidential Information except for as is necessary in the purpose performance of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement)Recipient’s specific duties under this Agreement, (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's ’s Confidential Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's ’s Confidential Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's ’s Confidential Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (xvii) upon the oral termination or written request expiration of the Discloserthis Agreement, immediately return to the Discloser or destroy (at the option of the Recipient) all such Confidential Information, including all originals, copies and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b).

Restrictions and Covenants. Each Except as otherwise provided herein, each Party agrees that, in its capacity as the Recipient of Confidential Information, it will (i) hold the Discloser's ’s Confidential Information in strict confidence, use a high degree of care in safeguarding the Discloser's ’s Confidential Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's ’s Confidential Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential informationConfidential Information, (ii) not divulge any of the Discloser's ’s Confidential Information or any information derived therefrom (including results of tests on material samples) to any other Person person (except as set forth in Section 2(b) below9.3 hereof), (iii) not make any use whatsoever at any time of the Discloser's ’s Confidential Information except for as is necessary in the purpose performance of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement)Recipient’s specific duties under this Agreement, (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's ’s Confidential Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's ’s Confidential Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's ’s Confidential Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (xvii) upon the oral termination or written request expiration of the Discloserthis Agreement, immediately return to the Discloser or destroy (at the option of the Recipient) all such Confidential Information, including all originals, copies originals and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b)copies.

Restrictions and Covenants. Each Party agrees that, in its capacity as the a Recipient of the other Party’s Confidential Information, it will (i) hold the Discloser's ’s Confidential Information in strict confidence, use a high degree of care in safeguarding the Discloser's ’s Confidential Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> will take all reasonable precautions necessary to protect the Discloser's ’s Confidential Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential information, (ii) not divulge any of the Discloser's ’s Confidential Information or any information derived therefrom (including results of tests on material samples) to any other Person person or entity (except as set forth in Section 2(b) below), (iii) not make any use whatsoever at any time of the Discloser's ’s Confidential Information except for the any purpose of internal evaluation of the proposed Transaction or such whatsoever other purpose than as may be permitted by a subsequent written agreement directly in furtherance of the parties (such as a research purposes of one or product development agreement)more of the Revised Transaction Documents, (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any export the Discloser’s Confidential Information in violation of the Discloser's Information, (v) not, within the meaning of United States Export Administration Act and regulations thereunder, or any other applicable export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viiiv) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's ’s Confidential Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (xvi) upon the oral termination or written request expiration of the Discloserapplicable Revised Transaction Document, immediately return to the Discloser or destroy (at the option of the Recipient) all such InformationConfidential Information disclosed thereunder, including all originals, copies and extracts, provided that the Recipient may retain any information to which it has a continuing license for use, and provided further that Recipient's ’s legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b)Except as expressly permitted by the Revised Transaction Documents, Recipient will not file any copyright registrations, patent applications, or similar registrations of ownership on Discloser’s Confidential Information or on any invention, technology, development, or information that utilizes or incorporates Discloser’s Confidential Information, and in the event that Recipient does so in violation of this Agreement, Recipient will assign to Discloser such registrations or applications.

Restrictions and Covenants. Each Party Except as otherwise provided herein, each party agrees that, in its capacity as the Recipient of Confidential Information, it will (i) hold the Discloser's ’s Confidential Information in strict confidence, use a high degree of care in safeguarding the Discloser's ’s Confidential Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's ’s Confidential Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential informationConfidential Information, (ii) not divulge any of the Discloser's ’s Confidential Information or any information derived therefrom (including results of tests on material samples) to any other Person person (except as set forth in Section 2(b10.2(b) below(Disclosure to Representatives) hereof), (iii) not make any use whatsoever at any time of the Discloser's ’s Confidential Information except for as is necessary in the purpose performance of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement)Recipient’s specific duties under this Agreement, (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's ’s Confidential Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-exportre‑export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's ’s Confidential Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's ’s Confidential Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (xvii) 005.283986 upon the oral termination or written request expiration of the Discloserthis Agreement, immediately return to the Discloser or destroy (at the option of the Recipient) all such Confidential Information, including all originals, copies and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b).

Restrictions and Covenants. Each Except as otherwise provided herein, each Party agrees that, in its capacity as to any Confidential Information of which it is the Recipient of InformationRecipient, it will (i) hold the Discloser's ’s Confidential Information in strict confidence, use a high degree of care in safeguarding the Discloser's ’s Confidential Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's ’s Confidential Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential informationConfidential Information, (ii) not divulge any of the Discloser's ’s Confidential Information or any information derived therefrom (including results of tests on material samples) to any other Person person (except as set forth in Section 2(b) below10.5.3 hereof), (iii) not make any use whatsoever at any time of the Discloser's ’s Confidential Information except for as is necessary in the purpose performance of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement)Recipient’s specific duties under this Agreement, (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's ’s Confidential Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's ’s Confidential Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's ’s Confidential Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (xvii) upon the oral termination or written request expiration of the Discloserthis Agreement, immediately return to the Discloser or destroy (at the option of the Recipient) all such Confidential Information, including all originals, copies originals and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b)copies.

Restrictions and Covenants. Each Party agrees that, in its capacity as the Recipient of Information, it will (i) hold the Discloser's Information in strict confidence, use a high degree of care in safeguarding the Discloser's Information, and Liquidmetal Technologies Mutual Nondisclosure Agreement (v.2) <PAGE> take all precautions necessary to protect the Discloser's Information including, at a minimum, all precautions the Recipient normally employs with respect to its own confidential information, (ii) not divulge any of the Discloser's Information or any information derived therefrom (including results of tests on material samples) to any other Person (except as set forth in Section 2(b) below), (iii) not make any use whatsoever at any time of the Discloser's Information except for the purpose of internal evaluation of the proposed Transaction or such other purpose as may be permitted by a subsequent written agreement of the parties (such as a research or product development agreement), (iv) not copy, reverse engineer, alter, modify, break down, melt down, disassemble or transmit any of the Discloser's Information, (v) not, within the meaning of United States or other export control laws or regulations, export or re-export, directly or indirectly, including but not limited to export on the Internet or other network service, any of the Discloser's Information, (vi) not allow others within the Recipient's control to use the Discloser's Information for the benefit of the Recipient or any other Person (other than the Discloser), (vii) not use the Discloser's Information against the interests of the Discloser, (viii) notify the Discloser in writing immediately upon discovery by the Recipient or its Representatives of any unauthorized use or disclosure of the Discloser's Information, (ix) not use the Discloser's Information in any way to pursue patents in any country, and (x) upon the oral or written request of the Discloser, immediately return to the Discloser or destroy (at the option of the Recipient) all such Information, including all originals, copies and extracts, provided that the Recipient's legal counsel may retain one copy of the returned or destroyed items (excluding material samples provided by Liquidmetal) for archival purposes. (b).