Common use of Disclosure to court, etc Clause in Contracts

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 use of the Confidential Information, and (b) the COMPANY’s obligations under this Agreement shall otherwise continue in force, in respect of Confidential Information disclosed prior to the Final Date, in each case [for a period of [1] [5] [10] [15] [20] years from the [date of this Agreement][Final Date]] [without limit of time] .

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 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 the RPO TRINITY 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 TRINITY 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 to the Disclosing Party with respect to the Confidential Information; or it can show (as demonstrated by its written records or other reasonable evidence) has been independently developed by any of the COMPANY’s employees or Authorised Persons who have not had any direct or indirect access to, or use or knowledge of, the RPOTRINITY’s Confidential Information. Return of information and surviving obligations Subject to clause 6.2, the COMPANY shall (a) at the RPOTRINITY’s request, and (b) upon any termination of this Agreement: either return to the RPO TRINITY or destroy (at the RPOTRINITY’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 TRINITY 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 This Agreement will take effect as of the date Effective Date and will remain in full force for a period of any termination of twelve (12) months from the Effective Date. Either Party may terminate this Agreement, or any return of Confidential Information Agreement by giving thirty (30) days’ written notice to the RPO (“Final Date”), (a) the COMPANY shall make no further use of the Confidential Information, and (b) the other Party. The COMPANY’s obligations under this Agreement shall otherwise continue in force, in respect of Confidential Information disclosed prior to the Final Date, in each case [for a period of [13] [5] [10] [15] [20] years from the [date Effective Date of this Agreement][Final Date]] [without limit of time] Agreement.

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 XXXXXXX 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 TRINITY 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 TRINITY 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 to the Disclosing Party with respect to the Confidential Information; or it can show (as demonstrated by its written records or other reasonable evidence) has been independently developed by any of the COMPANY’s employees or Authorised Persons who have not had any direct or indirect access to, or use or knowledge of, the RPOTRINITY’s Confidential Information. Return of information and surviving obligations Subject to clause 6.2, the COMPANY shall (a) at the RPOTRINITY’s request, and (b) upon any termination of this Agreement: either return to the RPO TRINITY or destroy (at the RPOTRINITY’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 TRINITY 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 This Agreement will take effect as of the date Effective Date and will remain in full force for a period of any termination of twelve (12) months from the Effective Date. Either Party may terminate this Agreement, or any return of Confidential Information Agreement by giving thirty (30) days’ written notice to the RPO (“Final Date”), (a) the COMPANY shall make no further use of the Confidential Information, and (b) the other Party. The COMPANY’s obligations under this Agreement shall otherwise continue in force, in respect of Confidential Information disclosed prior to the Final Date, in each case [for a period of [13] [5] [10] [15] [20] years from the [date Effective Date of this Agreement][Final Date]] [without limit of time] Agreement.