1999 036 Ordinance - Laserfiche WebLink

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information concerning the Other Party, shall not be revealed to anyone outside the Other Party during the term of this Agreement or thereafter, without the prior written wnsent of the Other Party and shall be used only in performing such Party's obligations under this Agreement. Each Party recognizes and agrees that all such information shall remain the Other Party's property, and that all copies of the same in written, graphic, or tangible form shall be returned to the Other Party upon completion of each project. Nothing in this Agreement, however, shall confer upon such Party the obligation to preserve the confidentiality of any information that: (i) was known to such Parry prior to the date of this Agreement free of any obligation to keep it confidential; (ii)' is distributed by the Other Party to third parties without restriction; or (iii) is or becomes publicly available, by other than an authorized disclosure by such Party; (c) Each party understands and agrees that the obligations described in this Section shall survive the termination or expiration of this Agreement. (d) Upon an Event of Default by TowerCo, TowerCo shall provide copies of all such drawings, specifications, reports, findings, questionnaires and other materials, including all copyright interests held or acquired by TowerCo. 40. PUBLICITY. Except as required by law, including without limitation securities laws or the requirements of any stock exchange, TowerCo shall not issue or release, advertise, market or otherwise make known to others any information related to this Agreement, including mentioning or implying the name of AirTouch, . Sublessors or any of their Affiliates, without the prior written consent of AirTouch. 41. NIISCELLANEOUS. (a) Each Site Designation Supplement, and the performance thereof shall be generally governed, interpreted, construed, and regulated by the Laws of the State in which the Subleased Property covered by the Site Designation Supplement is located. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of Delaware. Notwithstanding the foregoing, TowerCo acknowledges and agrees that for purposes of 11 U.S.C. Section 365(h) or any successor statute, rule or regulation, this Agreement shall be deemed to be a lease of real property. (b) Subject to all transfer rights and restrictions contained herein, this Agreement, and each and every covenant and condition herein, is intended to benefit the Subleased Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties. (c) The parties agree that all of the provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. (d) The language of each part of this Agreement shall be construed simply and according to its fair meaning, and this Agreement shall never be construed either for or against either P~Y•