Re: Confidentiality provisions in various forms

I think that is a great observation. I would suggest that the language be
fairly broad to include both potential assignees and potential
investors/joint-venturers. You might also consider anticipating some of our
counterparties' concerns by including a provision like this . . . . so long
as such potential assignee or potential investor/joint venturer enters into
an agreement to protect the confidentiality of such information. This is an
easy give because we always get a CA in place before disclosing information.
I would steer clear of any modification to that provision which requires (i)
a minimum term for the CA, (ii) agreement by the counterparty to the form of
CA or (iii) the proposed assignee or potential investor to put itself in
direct privity with the counterparty.

Just my thoughts

Stuart