TO ACT IN GOOD FAITH OR ANY MATTER.
10.15.
PUBLICITY.
ALL NOTICES TO THIRD PARTIES AND OTHER PUBLICITY
CONCERNING THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OR ANY SUBSEQUENT
TERMINATION OF THIS AGREEMENT, SHALL BE JOINTLY PLANNED AND COORDINATED BY AND
BETWEEN SELLER AND APOLLO LNG.
NO PARTY SHALL ACT UNILATERALLY IN THIS REGARD
WITHOUT THE PRIOR WRITTEN APPROVAL OF THE OTHERS; PROVIDED, HOWEVER, THAT SUCH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD.
IT IS UNDERSTOOD THAT THIS
PROVISION SHALL NEVER PREVENT ANY PARTY FROM COMPLYING WITH ANY APPLICABLE
PUBLIC DISCLOSURE REQUIREMENTS; PROVIDED, HOWEVER, THAT NEITHER PARTY MAY
DISCLOSE OR MAKE PUBLIC THE WORK PRODUCT OF ANY CERTIFIED PUBLIC ACCOUNTANTS
PROVIDING SERVICES FOR ANOTHER PARTY WITHOUT GIVING SUCH CERTIFIED PUBLIC
ACCOUNTANTS THE OPPORTUNITY TO REVIEW, COMMENT UPON, AND APPROVE OF ANY SUCH
DISCLOSURE OR PUBLICATION..
10.16.
EXPENSES.
EACH PARTY TO THIS AGREEMENT SHALL PAY ALL EXPENSES
INCURRED BY IT OR ON ITS BEHALF IN CONNECTION WITH THE PREPARATION,
AUTHORIZATION, EXECUTION AND PERFORMANCE OF THIS AGREEMENT AND THE TRANSACTIONS
CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO, ALL FEES AND EXPENSES OF
AGENTS, REPRESENTATIVES, COUNSEL, AND ACCOUNTANTS ENGAGED BY SUCH PARTY.
10.17.
CONFIDENTIALITY AGREEMENT.
THE PARTIES AGREE THAT THE
CONFIDENTIALITY AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT, AND EACH PARTY
AGREES TO COMPLY WITH ITS TERMS AND CONDITIONS.
10.18.
DISCLOSURE SCHEDULES; INTERPRETATION.
ANY MATTER SET FORTH IN A
DISCLOSURE SCHEDULE SHALL BE DEEMED DISCLOSURE ALSO FOR PURPOSES OF ANY OTHER
SECTIONS OR DISCLOSURE SCHEDULES IN THIS AGREEMENT TO WHICH IT MAY RELATE.
FAILURE TO PROVIDE A CROSS REFERENCE TO OTHER APPLICABLE SECTIONS CONTAINED IN
THE AGREEMENT OR DISCLOSURE SCHEDULES SHALL NOT, HOWEVER, BE DEEMED A FAILURE TO
DISCLOSE UNLESS A REASONABLE PERSON WOULD BE UNABLE TO DETERMINE THAT THE
DISCLOSURE CONTAINED IN SUCH SECTION OR DISCLOSURE SCHEDULE CONTAINS ENOUGH
INFORMATION TO QUALIFY OR OTHERWISE APPLY TO OTHER REPRESENTATIONS, SECTIONS OR
DISCLOSURE SCHEDULES CONTAINED IN THIS AGREEMENT.
10.19.
CONFIDENTIAL INFORMATION.
PRIOR TO THE CLOSING DATE AND THEREAFTER
IF THE CLOSING FAILS TO OCCUR, APOLLO AND ITS REPRESENTATIVES AND SELLERS AND
THEIR REPRESENTATIVES WILL HOLD IN STRICT CONFIDENCE , ALL DATA AND INFORMATION
OBTAINED REGARDING THE OTHER, THEIR ASSETS, THE OPERATIONS, AND FINANCIAL STATUS
OBTAINED IN CONNECTION WITH THIS TRANSACTION AND THE TERMS OF THIS AGREEMENT.
EXCEPT AS MAY BE REQUIRED BY LAW OR ANY GOVERNMENTAL AUTHORITY, OR TO OBTAIN ANY
CONSENTS OR APPROVALS REQUIRED BY THIS AGREEMENT, OR TO THEIR RESPECTIVE
ATTORNEYS, ACCOUNTANTS, LENDERS, INSURERS, UTILITY PROVIDERS AND CONSULTANTS,
SELLER AND APOLLO LNG WILL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER
PARTY, MAKE ANY DISCLOSURE TO THIRD PERSONS OR PARTIES OF THE TERMS OF THIS
AGREEMENT OR ANY OTHER MATTER RELATED TO THE TRANSACTIONS CONTEMPLATED BY THIS
AGREEMENT.
APOLLO LNG AND SELLER WILL USE THEIR BEST EFFORTS TO AVOID SUCH
PUBLICITY IN ANY NEWSPAPER OR MAGAZINE, OR ON ANY RADIO OR TELEVISION STATION,
OR THROUGH ANY OTHER MEDIUM OF PUBLICATION.
42
10.20.
JOINT AND SEVERAL LIABILITY.
THE LIABILITY AND OBLIGATIONS OF
NEPTUNE AND GOLDEN SPREAD HEREUNDER SHALL BE JOINT AND SEVERAL,