Common use of Legally Compelled Disclosure Clause in Contracts

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Facility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non- disclosure provisions of this Section 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waives compliance with the non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised by counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- self-regulatory authority having jurisdiction over such Party, (iiB) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a FacilityBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iiiC) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non- non-disclosure provisions of this Section 10.3 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waives waive compliance with the non-disclosure provisions of this Section 10.3 9.18(b) with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised advised, by counsel opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a FacilityBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non- non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waives Parties waive compliance with the non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised advised, by counsel opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a FacilityBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non- non-disclosure provisions of this Section 10.3 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waives Parties waive compliance with the non-disclosure provisions of this Section 10.3 6.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised advised, by counsel opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (iincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Facility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Party parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Party may Non-Disclosing Parties to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non- disclosure provisions of this Section 10.3 with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Party waives compliance with the non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised by counsel which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (ii) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non- Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (iincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Facility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Party parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Party may Non-Disclosing Parties to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non- disclosure provisions of this Section 10.3 with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Party waives compliance with the non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised by counsel which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (ii) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non-Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self- self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Facility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit or (iii) as required under any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non- non-disclosure provisions of this Section 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waives compliance with the non-disclosure provisions of this Section 10.3 with respect to the Table of Contents information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised by counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.