Excluded Records

Excluded Records. Shall mean: (i) all corporate, financial, Tax and legal data and records of the Trustee that relate to the Trust generally (whether or not relating to the Properties); (ii) any data, software and records to the extent disclosure or transfer is prohibited or subjected to payment of a fee or other consideration by any license agreement or other agreement with a Person, or by applicable Law, and for which no consent to transfer has been... received or for which Buyer has not agreed in writing to pay the fee or other consideration, as applicable; (iii) all legal records and legal files of the Trustee including all work product of and attorney-client communications with the Trustee's legal counsel; (iv) all data and records relating to the sale of the Properties, including communications and correspondence with Stifel, Nicolaus & Company, Incorporated, Devon and its Affiliates, representatives and agents and bids received from and records of negotiations with third Persons; (v) all data and records relating to the other Excluded Properties; and 2 (vi) all original data, software and records, or copies thereof, retained by Seller pursuant to Section 29. View More