Protective Order. If the Supplier is compelled to disclose (a) any Confidential Information (b) the fact that Confidential Information of the Contractor has been made available by the Contractor, or (c) any of the terms of the parties relationship, subject to then applicable law, the Supplier shall provide the Contractor with prompt written notice of such request so that the Contractor may seek a protective order or other appropriate remedy, or waive compliance with the provisions of this Agreement. If a protective order or other remedy is not obtained, or compliance with the provisions of this Agreement is waived, the Supplier shall furnish only that portion of Confidential Information that in its reasonable judgment is legally required, and that it will use its best efforts, at the expense of the Contractor seeking the protective order or other remedy, to obtain reliable assurance that confidential treatment will be accorded to that portion of Confidential Information that is being disclosed.
Protective Order. The Settling Defendants cannot, and do not, make any representation that they have, can or will produce such responses to written interrogatories, or a complete set of such responses, and it is understood and agreed that the failure to produce such responses shall not constitute a breach or violation of this Settlement Agreement;
Protective Order. Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.
Protective Order. Notwithstanding the foregoing, in the event that any demand or request for disclosure of Confidential Information is made pursuant to Section 5.1(ii) above, either Party, as the case may be, shall promptly notify the other Party of the existence of such request or demand and shall provide the other Party with a reasonable opportunity to seek an appropriate protective order or other remedy, which both Parties will cooperate in seeking to obtain. In the event that such appropriate protective order or other remedy is not obtained, the Party whose Confidential Information is required to be disclosed shall or shall cause the other Party to furnish, or cause to be furnished, only that portion of the Confidential Information that is legally required to be disclosed.
Protective Order. If, in any action brought pursuant to this Section 11.6, any information is the subject of a protective order that may be reviewed by counsel only, the Parties will endeavor to structure such protective order so as to enable their respective internal counsel to be included as permitted reviewers of such information.
Protective Order. In the event of arbitration and at the request of either Ostex or Hologic, in order to protect Confidential Information and any other matter that either party would normally not reveal to third parties, the arbitrators shall enter a protective order in such form as the parties shall stipulate or as the arbitrators shall determine is suitable. Among other things, the protective order shall stipulate that the arbitrators themselves shall receive any information designated by either party as "confidential" solely for purposes of assessing the facts and law for purposes of the arbitration, and shall not otherwise use or disclose such matter. At the request of either party, the protective order shall be entered as an award of the arbitration panel and shall enable either party to obtain the assistance of a court of competent jurisdiction to enter equitable decrees or other relief to enforce the provisions of the order as if it had been entered by that court.
Protective Order. The obligations and benefits conferred in the Protective Order, governing confidentiality of information and documents entered in the Actions, shall remain in effect after the Effective Date, subject to the provisions of this Agreement.
Protective Order. Once a confidentiality order(s) is issued in the Ontario and Quebec Proceedings, that order(s) shall govern any Documents and information received from the Settling Defendants.
Protective Order. Once a confidentiality order described in Section 4.2(2) is in place in each of the Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, that order(s) shall govern to the extent of any conflict between that order(s) and Plaintiffs’ and Class Counsel’s agreement in this Section 4.2(5) to abide by the terms of the U.S. Protective Order.
Protective Order. All discovery in connection with this Stipulation and Protocol shall be subject to and conducted in accordance with the terms of the protective order entered into in the Chapter 11 Cases (the “Protective Order”), which shall be in form and substance reasonably acceptable to the Parties hereto. Each Party must provide the Protective Order to any person it employs or engages who is given access to information produced in discovery.
