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Microcap & Penny Stocks : Zulu-tek, Inc. (ZULU) -- Ignore unavailable to you. Want to Upgrade?

To: mandingo who wrote (8002)	5/31/1998 9:05:00 PM
From: Brady B.	Read Replies (2) \| Respond to of 18444

Others seem to think that this pertains to proprietary information but I also think that it could preclude Zulu from releasing certain information to it's stockholders and potential investors through press releases. For instance, certain things they now have the ability to do but prior to the Zulu/ESVS venture they didn't. - FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): March 6, 1998 ENHANCED SERVICES COMPANY, INC. (Exact Name of Registrant as Specified in Charter) YADA, YADA, YADA............ ARTICLE IX CONFIDENTIALITY 9.01 MAINTENANCE OF CONFIDENTIAL INFORMATION. From the date hereof and continuing until May 31, 1998 each party will hold in confidence all information obtained or delivered by a party hereto and their representatives and designated in writing by the person providing the same as "Confidential Information", subject to the disclosure or use of such information as may be required in order for the parties to perform their respective due diligence and other obligations hereunder. This obligation of confidentiality shall not extend to any information which is shown to have previously been (i) known to the party receiving it, (ii) is generally known to others engaged in the trade or business of the party receiving it, (iii) is part of public knowledge or literature, or (iv) was lawfully received from a third party or shall be required to be disclosed pursuant to applicable law or the rules of a stock exchange (including NASDAQ) on which such party's securities may be listed. Without limiting the generality of the foregoing, it is understood and agreed that certain information disclosed by either ZULU-tek or ENHANCED to the other or their respective representatives may constitute "material inside information" that has not previously been disclosed to the public generally. The parties acknowledge their understanding of the restrictions on the use of such information imposed by Federal and State securities laws, and agree to comply and cause their representatives to comply with such restrictions. In no event shall the Confidential Information received by either party be used for its own commercial or financial advantage. Each party shall take all steps necessary to insure compliance with the requirements of this Section by all persons having access to the Confidential Information, including any person retained to provide advice relating to the transactions contemplated 19<PAGE> hereby. Should the transactions not be consummated, all copies of Confidential Information, in whatever form, shall be returned to the originator by each party and its representatives. 9.02 REMEDIES ON BREACH. The parties hereto acknowledge and agree that the breach of this Article IX will result in serious and irreparable damage and that it would be extremely burdensome and difficult, if not impossible, to determine the scope and extent of damages suffered by reason of a breach of this Section. Accordingly, the parties hereto agree that all remedies at law or in equity shall be available to enforce the terms of this Article VIII and to recover damages of whatever kind and amount permitted by law for breach hereof. Notwithstanding anything to the contrary contained herein, no party hereto shall be deemed to have violated or breached this Article IX if such party provides a copy of, or discloses information contained in, this Agreement in connection with obtaining any waiver, consent, or approval, or undertaking registration or filing required or contemplated by this Agreement.