Seller and Buyer agree to maintain confidentiality as to the terms and conditions of this Agreement (but not the existence of this Agreement), except (a) such disclosures to attorneys, accountants, consultants, investors, lenders and others as are reasonably required in order to consummate the transaction contemplated in this Agreement, (b) as provided in Section 34 hereof, or (c) as otherwise required by governmental authority or a court with appropriate jurisdiction. Buyer shall instruct its consultants, affiliates, professionals, investors, lenders and others engaged by it in connection with the transaction contemplated in this Agreement to abide by the confidentiality provisions of this Section 33. All non-public information, such as studies and reports relating to the Property obtained by Buyer, either by observations and examinations of its agents, employees or contractors or as disclosed to it by Seller shall remain and be kept strictly confidential. If the transaction contemplated by this Agreement fails to close for any reason, then all such information, studies and reports shall, upon and only upon Seller's request, be delivered by Buyer to Seller and shall become the sole property of Seller, at no cost to Seller, and Buyer shall make no distribution, disclosure or other use of any such information, studies and reports. This Section 33 shall be binding on Seller and Buyer whether or not Closing occurs, and shall survive Closing.