Lululemon 2010 Annual Report Download - page 126

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- 29 -
9.12
A
SSIGNMENT
.
The Purchaser may assign its legal and beneficial interests in this Agreement to any other person (including, but not limited to, a
corporation or partnership formed for such purpose), provided that any such legal or beneficial assignment by the Purchaser will not
release the Purchaser from any of its obligations under this Agreement. For greater certainty, the Purchaser will also be entitled to
direct the Vendor to transfer legal and registered title to the Lands to a corporation acting as nominee and bare trustee on behalf of the
Purchaser.
9.13
N
O
P
ARTNERSHIP
.
Nothing in this Agreement will be construed to create a partnership or joint venture between the parties with respect to the Purchased
Property or the transactions contemplated hereunder.
9.14
C
ONFIDENTIALITY
.
Unless the sale and purchase of the Purchased Property contemplated by this Agreement is completed, the parties will not disclose to
any third party the existence, contents or effect of this Agreement or any documents, materials or information (including the results of
any due diligence tests, assessments or searches) provided pursuant to or obtained in relation to this Agreement, (collectively, “
Confidential Information ”) without the prior written consent of the other party, except that each party may disclose the same to its
employees, inspectors, lenders, agents, advisors, consultants, potential investors and such other persons as may reasonably be required
and except that Confidential Information will not include:
(f) information which is required by law, or any regulatory disclosure requirements to be disclosed in connection with the
proposed sale and purchase of the Purchased Property;
(g) information which is known to the recipient or is in the recipient’s possession prior to its receipt thereof from the other party
hereto;
(h) information which is obtained by a recipient from a person or entity which is not, to the knowledge of the recipient, prohibited
from disclosing such information to the recipient by any contractual, legal, or fiduciary obligation to the other party hereto;
(i)
information which is or becomes publicly available through no fault of the recipient.
Until such time as the transaction contemplated by this Agreement is completed, the Vendor and the Purchaser also agree that neither
of them will issue any press or other publicity release or communication to the general public concerning the proposed purchase and
sale of the Purchased Property without the prior written approval of the other party, unless any such disclosure is otherwise required by
law.
9.15
C
OUNTERPARTS
.
This Agreement may be executed in any number of original counterparts, with the same effect as if all the parties had signed the same
document, and will become effective when one or more counterparts have been signed by all of the parties and delivered to each of the
other parties. All counterparts will be construed together and evidence only one agreement, which will be deemed to be dated the
reference date set out above.