Disclosure to court, etc Sample Clauses

Disclosure to court, etc. If the Receiving Party is required to disclose confidential information to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, such disclosure shall not be a breach of Clause 0, provided that the Receiving Party shall (i) inform the Disclosing Party as soon as is reasonably practicable, and (ii) at the Disclosing Party's request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority's procedures.
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Disclosure to court, etc. To the extent that the Receiving Party is required to disclose Confidential Information by order of a court or other public body that has jurisdiction over the Receiving Party, it may do so. Before making such a disclosure the Receiving Party shall, if the circumstances permit: inform the Disclosing Party of the proposed disclosure as soon as possible (and if possible before the court or other public body orders the disclosure of the Confidential Information); ask the court or other public body to treat the Confidential Information as confidential; and permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of the Confidential Information.
Disclosure to court, etc. To the extent that the COMPANY is required to disclose Confidential Information by order of a court or other public body that has jurisdiction over the COMPANY, it may do so. Before making such a disclosure the COMPANY shall, if the circumstances permit: inform the RPO of the proposed disclosure as soon as possible (and if possible before the court or other public body orders the disclosure of the Confidential Information); ask the court or other public body to treat the Confidential Information as confidential; and permit the RPO to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of the Confidential Information. Exceptions to confidentiality obligations The COMPANY’s obligations under clause 2 shall not apply to Confidential Information that: the COMPANY possessed before the RPO disclosed it to the COMPANY; or is or becomes publicly known, other than as a result of breach of the terms of this Agreement by the COMPANY or by anyone to whom the COMPANY disclosed it; or the COMPANY obtains from a third party, and the third party was not under any obligation of confidentiality with respect to the Confidential Information; or it can show (as demonstrated by its written records or other reasonable evidence) has been developed by any of the COMPANY’s employees who have not had any direct or indirect access to, or use or knowledge of, the RPO’s Confidential Information. Return of information and surviving obligations Subject to clause 6.2, the COMPANY shall (a) at the RPO’s request, and (b) upon any termination of this Agreement: either return to the RPO or destroy (at the RPO’s option) all documents and other materials that contain any of the Confidential Information, including all copies made by the COMPANY representatives; permanently delete all electronic copies of Confidential Information from the COMPANY’s computer systems; and provide to the RPO a certificate, signed by an officer of the COMPANY, confirming that the obligations referred to in clauses 6.1.1 and 6.1.2 have been met. As an exception to its obligations under clause 6.1, the COMPANY may retain one copy of the Confidential Information, in paper form, in the COMPANY’s legal files for the purpose of ensuring compliance with the COMPANY’s obligations under this Agreement. Following the date of any termination of this Agreement, or any return of Confidential Information to the RPO (“Final Date”), (a) the COMPANY shall make no further u...
Disclosure to court, etc. To the extent that the Company is required to disclose Confidential Information pursuant to applicable law or by order of a court or other public body that has jurisdiction over the Company, it may do so. Before making such a disclosure the Company shall, if the circumstances permit: inform the University of the proposed disclosure as soon as possible (and if possible before the court or other public body orders the disclosure of the Confidential Information); ask the court or other public body to treat the Confidential Information as confidential; and permit the University to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of the Confidential Information.
Disclosure to court, etc. To the extent that the Individual is required to disclose Confidential Information by order of a court or other public body that has jurisdiction over the Individual, it may do so. Before making such a disclosure the Individual shall, if the circumstances permit: inform TRINITY of the proposed disclosure as soon as possible (and if possible before the court or other public body orders the disclosure of the Confidential Information); ask the court or other public body to treat the Confidential Information as confidential; and permit TRINITY to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of the Confidential Information.
Disclosure to court, etc. 4.1. To the extent that the COMPANY is required to disclose Confidential Information by order of a court or other public body that has jurisdiction over the COMPANY, it may do so. Before making such a disclosure the COMPANY shall, if the circumstances permit:
Disclosure to court, etc. 4.1. To the extent that the Receiving Party is required to disclose Confidential Information by order of a court or other public body that has jurisdiction over the Receiving Party, it may do so. Before making such a disclosure the Receiving Party shall, if the circumstances permit:
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Disclosure to court, etc. If the Receiving Party or its Affiliates, employees, contractors, licensees and sub-licensees to whom Confidential Information is disclosed are required to disclose Confidential Information to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, such disclosure shall not be a breach of Clause 7.2, provided that the Receiving Party or its Affiliates, employees, contractors, licensees and sub-licensees to whom Confidential Information is disclosed shall (a) inform the Disclosing Party as soon as is reasonably practicable and shall only disclose Confidential Information to the extent so required, and (b) allow the Disclosing Party to seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority's procedures.
Disclosure to court, etc. In the event that either Party is required at any time whilst it shall retain any Confidential Information received from the other Party under this Agreement by any relevant law or regulation to disclose all or any part of such Confidential Information:

Related to Disclosure to court, etc

  • Certain Litigation The Company shall promptly advise Parent of any litigation commenced after the date hereof against the Company or any of its directors (in their capacity as such) by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby, and shall keep Parent reasonably informed regarding any such litigation. The Company shall give Parent the opportunity to participate in the defense or settlement of any such stockholder litigation and agrees that it shall not settle or offer to settle any such stockholder litigation without the prior written consent of Parent (which consent shall not be unreasonably withheld, conditioned or delayed).

  • Proceedings and Litigation No action, suit or proceeding shall have been commenced by any Person against any party hereto seeking to restrain or delay the purchase and sale of the Units or the other transactions contemplated by this Agreement or any of the other Transaction Documents.

  • Application to Court If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

  • Litigation and Legal Proceedings Except as disclosed on Schedule 3.11, there is no litigation, claim, investigation, administrative proceeding, labor controversy or similar action that is pending or (to the best of each Borrower's knowledge and information after due inquiry) threatened against any Borrower or its properties that, if adversely resolved, could reasonably be expected to have or cause a Material Adverse Effect.

  • No Pending Litigation or Proceedings No Litigation is pending or, to the knowledge of Buyer, threatened against or affecting Buyer or any Affiliate of Buyer in connection with any of the transactions contemplated by this Agreement or any Other Agreement to which Buyer is or is to become a party or that would, to Buyer’s knowledge, have a material adverse effect on Buyer’s business considered as a whole.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

  • Settlement of Litigation 8.7.1.2 Determination by the Licensing Administrator of back royalties owed by a licensee, including any determination made by the Licensing Administrator pursuant to Section 3.5.4;

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Litigation and Judgments Except as specifically disclosed in Schedule 6.5 as of the date hereof, there is no action, suit, investigation, or proceeding before or by any Governmental Authority or arbitrator pending, or to the knowledge of Borrower, threatened against or affecting Borrower, any of its Subsidiaries, or any other Obligated Party that could, if adversely determined, result in a Material Adverse Event. There are no outstanding judgments against Borrower, any of its Subsidiaries, or any other Obligated Party.

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