Common use of Exceptions to Confidential Treatment Clause in Contracts

Exceptions to Confidential Treatment. Notwithstanding ------------------------------------ Section 9.3(a) above, no party hereto shall be prohibited from using or -------------- permitting the use of and no party shall be required to hold in confidence any information to the extent that (i) such information has been or is in the public domain through no fault of such party, (ii) such information was used or held for use in such party's business (and in no other party's business) prior to the Distribution Date, (iii) such information is, after the Distribution Date, lawfully acquired by such party from sources other than a party hereto or a Subsidiary of a party hereto, (iv) this Agreement, any Ancillary Agreement or any other agreement entered into pursuant hereto permits the use or disclosure of such information by such party, or (v) such information is necessary for such party to investigate, evaluate, defend or prosecute any claim or Action involving any other party hereto. To the extent that a party hereto (or any of its Subsidiaries or, to the knowledge of such party or Subsidiary, any current or former employee of such party or Subsidiary) is requested (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any information required to be kept confidential pursuant to this Section 9.3, such party agrees to take all ----------- necessary action to maintain, or cause to be maintained (or in respect of a current or former employee, to take all reasonable action as is necessary to cause such employee to maintain), the confidentiality of such information and to provide prompt notice to any of (i) Columbia/HCA, if such information relates to the Columbia/HCA Group Business or to the Columbia/HCA Liabilities, (ii) LifePoint, if such information relates to the LifePoint Group Business or to the LifePoint Liabilities, or (iii) Triad, if such information relates to the Triad Group Business or to the Triad Liabilities, so that the party or parties to which the information pertains may seek an appropriate protective order or waive the notifying party's compliance with this Section 9.3(b). If, in the absence of a -------------- protective order or the receipt of a waiver hereunder, the person which has received such a request is, nonetheless, in the reasonable written opinion of counsel, legally required to disclose such information, such person may disclose such information, and no party shall be liable pursuant to this Section 9.3(b); provided, that such person furnishes only that portion of -------------- the information which such person is advised by counsel to disclose and exercises its reasonable efforts to obtain assurance that confidential treatment will be accorded to the disclosed portion of the information. Notwithstanding the foregoing, each party will be permitted to disclose confidential information in any proceeding in which such party is in an adversarial position to any other party to this Agreement.

Exceptions to Confidential Treatment. Notwithstanding ------------------------------------ Section 9.3(a) above, no party hereto shall be prohibited from using or -------------- permitting the use of and no party shall be required to hold in confidence any information to the extent that (i) such information has been or is in the public domain through no fault of such party, (ii) such information was used or held for use in such party's business (and in no other party's business) prior to the Distribution Date, (iii) such information is, after the Distribution Date, lawfully acquired by such party from sources other than a party hereto or a Subsidiary of a party hereto, (iv) this Agreement, any Ancillary Agreement or any other agreement entered into pursuant hereto permits the use or disclosure of such information by such party, or (v) such information is necessary for such party to investigate, evaluate, defend or prosecute any claim or Action involving any other party hereto. To the extent that a party hereto (or any of its Subsidiaries or, to the knowledge of such party or Subsidiary, any current or former employee of such party or Subsidiary) is requested (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any information required to be kept confidential pursuant to this Section 9.3, such party agrees to take all ----------- necessary action to maintain, or cause to be maintained (or in respect of a current or former employee, to take all reasonable action as is necessary to cause such employee to maintain), the confidentiality of such information and to provide prompt notice to any of (i) Columbia/HCA, if such information relates to the Columbia/HCA Group Business or to the Columbia/HCA LiabilitiesLiabilities or the Indemnified Matters, (ii) LifePoint, if such information relates to the LifePoint Group Business or to the LifePoint Liabilities, or (iii) Triad, if such information relates to the Triad Group Business or to the Triad Liabilities, so that the party or parties to which the information pertains may seek an appropriate protective order or waive the notifying party's compliance with this Section 9.3(b). If, in the absence of a -------------- protective order or the receipt of -------------- a waiver hereunder, the person which has received such a request is, nonetheless, in the reasonable written opinion of counsel, legally required to disclose such information, such person may disclose such information, and no party shall be liable pursuant to this Section 9.3(b); provided, -------------- that such person furnishes only that portion of -------------- the information which such person is advised by counsel to disclose and exercises its reasonable efforts to obtain assurance that confidential treatment will be accorded to the disclosed portion of the information. Notwithstanding the foregoing, each party will be permitted to disclose confidential information in any proceeding in which such party is in an adversarial position to any other party to this Agreement.

Exceptions to Confidential Treatment. Notwithstanding ------------------------------------ Section 9.3(a) above, no party hereto shall be prohibited from using or -------------- permitting the use of and no party shall be required to hold in confidence any information to the extent that (i) such information has been or is in the public domain through no fault of such party, (ii) such information was used or held for use in such party's business (and in no other party's business) prior to the Distribution Date, (iii) such information is, after the Distribution Date, lawfully acquired by such party from sources other than a party hereto or a Subsidiary of a party hereto, (iv) this Agreement, any Ancillary Agreement or any other agreement entered into pursuant hereto permits the use or disclosure of such information by such party, or (v) such information is necessary for such party to investigate, evaluate, defend or prosecute any claim or Action involving any other party hereto. To the extent that a party hereto (or any of its Subsidiaries or, to the knowledge of such party or Subsidiary, any current or former employee of such party or Subsidiary) is requested (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any information required to be kept confidential pursuant to this Section 9.3, such party agrees to take all ----------- necessary action to maintain, or cause to be maintained (or in respect of a current or former employee, to take all reasonable action as is necessary to cause such employee to maintain), the confidentiality of such information and to provide prompt notice to any of (i) Columbia/HCA, if such information relates to the Columbia/HCA Group Business or to the Columbia/HCA LiabilitiesLiabilities or the Indemnified Matters, (ii) LifePoint, if such information relates to the LifePoint Group Business or to the LifePoint Liabilities, or (iii) Triad, if such information relates to the Triad Group Business or to the Triad Liabilities, so that the party or parties to which the information pertains may seek an appropriate protective order or waive the notifying party's compliance with this Section 9.3(b). If, in the absence of a -------------- protective order or the receipt of a waiver hereunder, the person which has received such a request is, nonetheless, in the reasonable written opinion of counsel, legally required to disclose such information, such person may disclose such information, and no party shall be liable pursuant to this Section 9.3(b); provided, that such person furnishes only that portion of -------------- the information which such person is advised by counsel to disclose and exercises its reasonable efforts to obtain assurance that confidential treatment will be accorded to the disclosed portion of the information. Notwithstanding the foregoing, each party will be permitted to disclose confidential information in any proceeding in which such party is in an adversarial position to any other party to this Agreement.