Ownership and Return of Information. All Review Material other than Counterparty Materials shall be and remain the property of the Company. Nothing in this Agreement shall be construed as granting any rights in or to Review Material other than Counterparty Materials to Counterparty or any of its Representatives receiving it. If Counterparty decides that it does not wish to proceed with a Possible Transaction, it will promptly inform the Company of that decision. In that case, or at any time upon the request of the Company, all Review Material (including all Counterparty Materials), including all copies thereof and all notes or other writings or documents containing any of its terms or provisions, shall be promptly (and in any event within five business days of the earlier of such decision or such request) returned to the Company or destroyed, and if destroyed, such destruction shall be certified in writing to the Company. Notwithstanding the return or destruction of Review Material, Counterparty and its Representatives will continue to be bound by their obligations of confidentiality and other obligations hereunder.
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Sources: Confidentiality Agreement, Confidentiality Agreement (Green Equity Investors V, L.P.)