Common use of Confidentiality Exception Clause in Contracts

Confidentiality Exception. For the period of three (3) years counted from this date, pursuant to the express provisions in Clause 11.13 above, the Parties agree that the Confidential Information shall not be disclosed by any means of communication nor to any individual, legal entity, or institution, except if: (a) the Confidential Information is in the Public Domain, provided that it did not fall in the public domain as a result of an act by any of the Parties, their representatives, parent companies, controlled companies, or companies directly or indirectly under common control with such Party; (b) disclosure is required by a governmental authority or a competent court, under penalty of default or other penalty; it being understood that, in this case, the Party required to disclose such Confidential Information (when allowed by the applicable legislation, authority, or order) shall promptly notify the other Party so that it may assess the adoption of applicable procedures before the governmental authority or court in order to protect the Confidential Information; (c) disclosure is required according to the rules of any authority, stock exchange, or regulatory or supervisory body regarding any of the Parties, their representatives, holding companies, parent companies, or entities to which they report; and (d) the Confidential Information in possession of the Party results of its own research, provided that this Party gives proper evidence of any such circumstance.