“ Business Information” shall mean all files, documents, instruments, papers, books and records relating exclusively to (i) Owner (ii) the Property and (iii) the business, operations, condition of (financial or other), results of operations and assets and properties of Owner including, without limitation: data information generated from or stored in the Technology Systems (e.g., financial statements, tax returns and related work papers and letters from accountants, budgets, pricing guidelines, ledgers, journals, deeds, title policies, minute books, stock certificates and books, stock transfer ledgers, contracts, permits, computer files and programs, retrieval programs, operating data and plans and environmental studies and plans, including employee documentation) personnel records construction and design documentation legal and contractual documentation compliance/security/safety documentation physical plant and engineering documentation, insurance contracts with third parties.
Without otherwise limiting the foregoing, neither Zuffa, LLC, a The term “control” as used in this Agreement (including the terms “controlling”, “controlled by”, and “under common control with”) shall mean the possession, directly or indirectly, of the power to (A) vote more than fifty percent (50%) of the outstanding voting interests of such Person or (B) otherwise direct management policies of such Person by contract or otherwise. “ Affiliate” shall mean, with respect to any Person, (i) any other Person directly or indirectly controlling, controlled by, or under common control with, such Person (excluding employees of a Person, other than officers, directors and board members of such Person) (ii) any Person who is an officer, director or board member of any Person described in clause (i) of this definition or (iii) with respect to Manager, in addition to any Person described in clause (i) or (ii) of this definition, each of Fertitta Entertainment, any Fertitta Affiliate and/or any Fertitta Family Party provided, however, clause (iii) shall not apply to any children or grandchildren over the age of twenty-one (21) that would otherwise be included in the definition of Fertitta Family Party or Fertitta Affiliate.
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