Common use of Return of Information Upon Termination Clause in Contracts

Return of Information Upon Termination. If this Agreement is terminated by either party as to one or more Individual Properties pursuant to the terms of this Agreement, then upon Sellers’ request, Buyer shall return to Sellers all Due Diligence Materials relating to the Individual Property or Properties as to which this Agreement has been terminated that were delivered to Buyer and/or Buyer’s general partners, and their principals, officers, employees, attorneys or other persons acting for or on behalf of Buyer actively involved with the transactions contemplated by this Agreement (collectively, the “Receiving Party Representatives”) but expressly excluding any and all reports studies, data, analysis and surveys that Buyer and/or the Receiving Party Representatives discover, commission or generate in connection with or resulting from their due diligence activities on (or relating to) the Properties. All of the Due Diligence Materials shall be maintained by Buyer in confidence, and Buyer acknowledges and agrees that the Due Diligence Materials are subject to the confidentiality provisions of Article XXI. Buyer shall indemnify the Released Parties (as hereinafter defined) from and against any and all Claims resulting from, arising out of or in connection with Buyer’s and/or the Receiving Party Representatives’ breach of its obligations under this Section 3.8. The obligations of Buyer set forth in this Section 3.8 shall survive the Closing or the termination of this Agreement until the Survival Date set forth in Section 24.9 below.