Return or Destruction of Evaluation Material. Upon written demand by the Company or upon termination of the Agreement, the Reviewer agrees to promptly destroy the Evaluation Material previously delivered to Reviewer. Notwithstanding the foregoing, Reviewer may retain one copy of the Evaluation Material if required by law, regulation or mandated by prudent corporate policy, and will continue to treat it in accordance with the terms of this Agreement. Furthermore with regard to information in electronic form which is difficult to extract, Reviewer will retain such information and continue to treat it in accordance with the terms of this Agreement. All of the Reviewer’s obligations hereunder and all of the Company’s rights and remedies hereunder with respect to any retained information shall survive termination of this Agreement.
Return or Destruction of Evaluation Material. Upon the termination of this Agreement, the Reviewer agrees to promptly destroy all Evaluation Material previously delivered to the Reviewer or provided by the Reviewer to any Representative. Notwithstanding the foregoing, the Reviewer may retain one copy of the Evaluation Material if required by law and will continue to treat the Evaluation Material in accordance with the terms of this Agreement. All of the Reviewer’s obligations hereunder and all of the Company’s rights and remedies hereunder with respect to any retained Evaluation Material shall survive termination of this Agreement.
Return or Destruction of Evaluation Material. If one the Parties decides that it does not wish to proceed with a Possible Transaction, it will promptly inform the other Party of that decision. In that case, or at any time upon the request of Provider for any reason, Recipient will, and will cause its Representatives to, within 10 business days after receipt of such notice or request, destroy or return all Evaluation Materials. Recipient shall provide to Provider a certificate of compliance with the previous sentence signed by an executive officer of Recipient. Notwithstanding the return or destruction of the Evaluation Material, Recipient and its Representatives will continue to be bound by Recipient’s obligations hereunder with respect to such Evaluation Material for the term hereof. Notwithstanding the foregoing, the legal department of Recipient may maintain a copy of the Evaluation Material in its restricted access files for actual or anticipated litigation, regulatory compliance or corporate record keeping purposes.
Return or Destruction of Evaluation Material. If either party decides that it does not wish to proceed with discussions or negotiations relating to the Transaction for any reason and the party so deciding informs the other party in writing of that decision, unless prohibited by applicable law, rule, regulation or legal process, you will, at your election, either (i) return the Evaluation Material to the Company or (ii) destroy the Evaluation Material, in either case without retaining any copy thereof or any notes containing same. Notwithstanding the foregoing, you or your Representatives shall not be obligated to return or destroy: (A) any Evaluation Material included or reflected in board minutes or resolutions or presentation materials to such person’s management or board of directors related to the evaluation, negotiation and consummation of the Transaction; (B) any materials including Evaluation Material from any disaster recovery tapes or other back-up media of any record retention or computer storage system; or (C) such copies of Evaluation Material, as required to be retained in accordance with policies and procedures implemented to comply with professional accounting standards, applicable law, government regulations or national securities exchange rules and regulations. Notwithstanding the return or destruction of the Evaluation Material, each party and its Representatives will continue to be bound by their obligations of confidentiality hereunder for the Term of this Agreement.
Return or Destruction of Evaluation Material. At any time upon the request of a Provider for any reason, a Recipient will, and will direct its Representatives to, promptly, but not later than 10 business days, after receipt of such notice or request, destroy or return (at Recipient’s option) all Evaluation Material and all documents that incorporate Evaluation Material, and no copy or extract thereof (including electronic copies) shall be retained, except that Recipient and its Representatives may retain one copy to be kept confidential and used solely for archival, legal, and compliance purposes. Recipient shall provide to the Provider written confirmation of destruction signed by an authorized representative of Recipient. Notwithstanding the return or destruction of the Evaluation Material, Recipient and its Representatives will continue to be bound by such Recipient’s obligations hereunder with respect to such Evaluation Material.
Return or Destruction of Evaluation Material. In the event Recipient determines it does not wish to proceed with the Transaction, Recipient will promptly advise the Company of that decision. In that case or upon the Company’s request at any time, Recipient agrees to, and to cause its Representatives to, either return or destroy (and certify in writing to such destruction) any Evaluation Material; provided that, Recipient may retain such Evaluation Material as required by applicable law or regulation. Any Evaluation Material that is not returned or destroyed, including, without limitation, any oral Evaluation Material, remains subject to the confidentiality obligations and use restrictions set forth in this Agreement.
Return or Destruction of Evaluation Material. At any time upon the request of the Company for any reason, you will promptly destroy all Evaluation Material without keeping any copies other than routine electronic backup copies not available to an end user (provided that, notwithstanding any other provision herein, such backup copies shall remain subject to the provisions of this Agreement for so long as such information continues to exist), in whole or part thereof in any medium whatsoever; provided, however, that you and your Representatives will be entitled to retain the minimum number of copies of the Evaluation Material to the extent necessary to comply with applicable Law, which shall be used solely for such purposes. Notwithstanding the destruction of the Evaluation Material or the termination of discussions regarding the Transaction, you and your Representatives will continue to be bound by your and their obligations of confidentiality (including, without limitation, with respect to any Evaluation Material destroyed pursuant to this Paragraph 2.5 or any Evaluation Material retained pursuant to the proviso to the first sentence of this Paragraph 2.5) and other obligations hereunder.
Return or Destruction of Evaluation Material. In the event that the Disclosing Party and the Recipient terminate negotiations with respect to the Proposed Transaction or otherwise agree not to proceed with the Proposed Transaction, the Recipient will return to the Disclosing Party or, at the request of the Disclosing Party, otherwise destroy, and provided written certification to the Disclosing Party of such destruction, all Evaluation Material in tangible form (whether in written form, electronically stored or otherwise) received by the Recipient. If requested by the Disclosing Party, all Evaluation Material will be destroyed unless such Evaluation Material is required to be retained pursuant to applicable Laws. If the Recipient retains archival copies of any Evaluation Material, including copies on electronic backup media, then, notwithstanding Section 10A(b) of the Securities Act of 1934, the Recipient shall continue to maintain the confidentiality of all information protected by the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (Public Law 106-102, 113 Stat. 1138), the regulations promulgated thereunder, or other applicable law now or hereafter in effect.
Return or Destruction of Evaluation Material. If either party determines that it does not wish to proceed with a possible Transaction, such party will promptly advise the other party of that decision. In that case, or in the event that the disclosing party at any time so requests, the receiving party will promptly deliver to the disclosing party or, at the disclosing party’s election, destroy all of the Evaluation Material, including all copies thereof (except for that portion of the Evaluation Material that may be found in analyses, compilations, forecasts, studies or other documents prepared by the receiving party or its Representatives), that is in the receiving party’s possession or in the possession of any of the receiving party’s Representatives, and will promptly confirm such destruction in writing. Notwithstanding the return or destruction of the Evaluation Material, the receiving party and its Representatives will continue to be bound by its and their obligations hereunder.
Return or Destruction of Evaluation Material. If either party decides that it does not wish to proceed with discussions or negotiations relating to the Transaction and the party so deciding informs the other party of that decision, or at any time upon written notice from the disclosing party for any reason, unless prohibited by applicable law, regulation or legal process, the receiving party will, at its election, either promptly (a) return all Evaluation Material to the disclosing party or (b) destroy all such Evaluation Material, in either case without retaining any copy thereof. If requested, the receiving party shall deliver to disclosing party a certificate, signed by a duly authorized officer of such party, attesting to the delivery or destruction of all of the disclosing party’s Evaluation Material in accordance with this paragraph. Notwithstanding the return or destruction of Evaluation Material, the receiving party and its Representatives will continue to be bound by their obligations of confidentiality hereunder for a period of twelve (12) months from the date hereof.
