Common use of Purchaser’s Confidentiality; Return of Documents Clause in Contracts

Purchaser’s Confidentiality; Return of Documents. In the event that this Agreement is terminated or will terminate without the Closing having been consummated, the Purchasers undertake to keep confidential for a period of thirty-six (36) months all information received from the Sellers or on behalf of the Sellers in connection with the Transaction and to return all documents and information embodied otherwise received from the Sellers or on behalf of the Sellers, together with any copies thereof and to destroy all documents and information embodied otherwise it produced based on information received from the Sellers or on behalf of the Sellers, unless such information is in the public domain without breach of a confidentiality obligation towards the Sellers, has been disclosed to the Purchasers by a third party without them being aware of a breach of confidentiality by such third party or any dispute between the Sellers and the EXECUTION COPY Project Kronos 5 July 2014 69 | 76 Purchasers in relation to this Agreement is pending (in which case the exception only applies in relation to information relevant for the dispute). The Purchasers shall not be entitled to any retention right with respect to such documents or information. For the avoidance of doubt, the above obligation to return does not apply to copies of information which have to be retained by law or applicable regulation; for such copies the confidentiality obligations under this Section 17 shall continue to apply.

Purchaser’s Confidentiality; Return of Documents. In the event that this Agreement is terminated or will terminate without the Closing having been consummated, the Purchasers undertake to keep confidential for a period of thirty-six (36) months all information received from the Sellers or on behalf of the Sellers in connection with the Transaction and to return all documents and information embodied otherwise received from the Sellers or on behalf of the Sellers, together with any copies thereof and to destroy all documents and information embodied otherwise it produced based on information received from the Sellers or on behalf of the Sellers, unless such information is in the public domain without breach of a confidentiality obligation towards the Sellers, has been disclosed to the Purchasers by a third party without them being aware of a breach of confidentiality by such third party or any dispute between the Sellers and the EXECUTION COPY Project Kronos 5 July 2014 69 | 76 Purchasers in relation to this Agreement is pending (in which case the exception only applies in relation to information relevant for the dispute). The Purchasers shall not be entitled to any retention right with respect to such documents or information. For the avoidance of doubt, the above obligation to return does not apply to copies of information which have to be retained by law or applicable regulation; for such copies the confidentiality obligations under this Section 17 shall continue to apply.