Information

Information. (a) In making decisions with respect to any Divestment, the CVR Representative shall exercise its discretion based upon the information available to it from time to time. Such information shall not include any information which the CVR Representative is under a fiduciary, statutory or other legal duty not to use or disclose, and the CVR Representative shall not take such information into account in exercising its discretion. (b) All information relating to this Agreement shall be kept confidential from third parties, except for the Trustee, employees and officers of the Trustee, and affiliates of the CVR Representative, financial and legal counsel to the CVR Representative and the Issuer in respect of the sale of any Divestment, and except as required Applicable Laws. (c) The CVR Representative shall be entitled to assume that any new information received from the Issuer or its authorized representatives associated with the Investments after the date hereof is accurate and complete and no liability shall be incurred by the CVR Representative or the Issuer as a result of any error in such information or any failure to receive any notices required to be delivered pursuant to this Agreement. (d) The CVR Representative agrees that any information supplied to the Issuer shall be accurate and complete and shall contain no misrepresentations provided that, respecting information derived by the CVR Representative from a person other than the CVR Representative, the CVR Representative's obligation hereunder shall be limited to using its best efforts to transmit the information accurately and completely and without misrepresentation.