premise: Subject to Section 5, each Party agrees that, without the prior written consent of the other Party, such Party and its Representatives will not disclose to any other Person  (i) that Evaluation Material has been exchanged between the Parties,  (ii) that discussions or negotiations are taking place between the Parties concerning a Possible Transaction or  (iii) any of the terms, conditions or other facts with respect thereto (including the status thereof); provided, however, that JDA may make such disclosure if it does not identify RHI by name or by identifiable description. 