Tuesday, April 4, 2017

Decision and Order In the Matter of China National Chemical Corporation, FTC Matter/File Number: 1610093, Docket Number: C-4610

Contract drafting

Meaning of "records"

(From Decision and Order In the Matter of China National Chemical Corporation, a corporation; ADAMA Agricultural Solutions Ltd., a corporation; and Makhteshim Agan of North America, Inc., doing business as ADAMA, a corporation, FTC Matter/File Number: 1610093, Docket Number: C-4610 (last updated April 4, 2017).


“Record(s)” means information, data, books, records, files, databases, printouts, and documents of any kind, whether stored or maintained in hard copy paper format, by means of electronic, optical, or magnetic media or devices, photographic or video images, or any other format or media, directly relating to the CP Products or the CP Business, including: customer files, customer lists, customer purchasing histories; correspondence; sales and purchase order information and records; referral sources; supplier, vendor, and procurement files and lists; specifications and information for all materials, ingredients, and components used in product formulation; process and production formulas, instructions, and guidelines, including Confidential Statements of Formulas; product data sheets and specifications; production reports; research and development data and information; quality control and quality assurance specifications, testing methods, and reports; labeling specifications; packaging specifications; Material Data Safety Sheets; advertising, marketing, display, and promotional materials; sales materials; marketing analyses and research data; educational and training materials; employee lists and contracts, salary and benefits information, and personnel files and records (to the extent permitted by law) for CP Employees; financial and accounting records and documents, financial statements; studies and reports; product registration data; registrations, licenses, and permits; regulatory compliance records and data; applications, filings, submissions, communications and correspondence with Government Agencies; operating guides, technical information, manuals, policies and procedures; service and warranty records, maintenance logs, equipment logs; and all other Records that are necessary for the Acquirer to operate the CP Business in a manner consistent with the purposes of this Order.

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