Common use of Restricted Access Clause in Contracts

Restricted Access. (a) Buyer agrees that the Bloom Systems themselves contain Seller’s valuable trade secrets. Buyer agrees (i) to restrict the use of such information to matters relating to the Bloom Systems, and (ii) to restrict access to such information as provided in Section 6.3 (b). (b) Confidential Information will not be reproduced without Seller’s prior written consent, and following termination of this Agreement all copies of written information will be returned to Seller upon request (not to be made while materials are still of use to the operation of a Bloom System and no Buyer Default has occurred and is continuing), unless otherwise agreed by the Parties. (c) The Bloom Systems are offered for sale and are sold by Seller subject to the condition that such sale does not convey any license, expressly or by implication, to manufacture, reverse engineer, duplicate or otherwise copy or reproduce any part of the Bloom Systems, documentation or Software without Seller’s express advance written permission. Buyer agrees not to remove the covering, not to access the interior or to reverse engineer, or give others the opportunity to open, access or reverse engineer any Bloom System or Software provided by Seller or cause or knowingly allow any third party to do so. Only Seller or its authorized representatives can open or access the interior of a Bloom System. Notwithstanding the foregoing, if any Bloom System is no longer covered by the O&M Agreement, Buyer shall be entitled to maintain, or cause a third party to maintain, such Bloom System, including replacing parts or components as needed or desired; provided that Buyer shall use commercially reasonable efforts to engage a third party to provide such maintenance that is not a competitor of Seller or its affiliates and is not in litigation or other material dispute with Seller.

Restricted Access. (a) Buyer agrees that the Bloom Systems themselves contain Seller’s valuable trade secrets. Buyer agrees (i) to restrict the use of such information to matters relating to the Bloom Systems, and (ii) to restrict access to such information as provided in Section 6.3 (b6.3(b). (b) Confidential Information will not be reproduced without Seller’s prior written consent, and following termination of this Agreement all copies of written information will be returned to Seller upon request (not to be made while materials are still of use to the operation of a Bloom System and no Buyer Default has occurred and is continuing), unless otherwise agreed by the Parties. (c) The Bloom Systems are offered for sale and are sold by Seller subject to the condition that such sale does not convey any license, expressly or by implication, to manufacture, reverse engineer, duplicate or otherwise copy or reproduce any part of the Bloom Systems, documentation or Software without Seller’s express advance written permission. Buyer agrees not to remove the covering, not to access the interior or to reverse engineer, or give others the opportunity to open, access or reverse engineer any Bloom System or Software provided by Seller or cause or knowingly allow any third party to do so. Only Seller or its authorized representatives can open or access the interior of a Bloom System. Notwithstanding the foregoing, if any Bloom System is no longer covered by the O&M Agreement, Buyer shall be entitled to maintain, or cause a third party to maintain, such Bloom System, including replacing parts or components as needed or desired; provided that Buyer shall use commercially reasonable efforts to engage a third party to provide such maintenance that is not a competitor of Seller or its affiliates and is not in litigation or other material dispute with Seller.