Common use of SUBPOENA OR DEMAND Clause in Contracts

SUBPOENA OR DEMAND. The provisions of Section 4.1 notwithstanding, a PARTY may disclose CONFIDENTIAL INFORMATION pursuant to a subpoena or demand for production of documents in connection with any suit or arbitration proceeding, any administrative procedure or before a governmental or administrative agency or instrumentality thereof or any legislative hearing or other similar proceeding, provided that the receiving PARTY shall promptly notify the disclosing PARTY or its AFFILIATES of the subpoena or demand and provided further that in such instances, the PARTIES use their best efforts to maintain the confidential nature of the CONFIDENTIAL INFORMATION by protective order or other means.

SUBPOENA OR DEMAND. The provisions of Section 4.1 5.1 notwithstanding, a PARTY may disclose CONFIDENTIAL INFORMATION pursuant to a subpoena or demand for production of documents in connection with any suit or arbitration proceeding, any administrative procedure or before a governmental or administrative agency or instrumentality thereof or any legislative hearing or other similar proceeding, provided that the receiving PARTY shall promptly notify the disclosing PARTY or its AFFILIATES of the subpoena or demand and provided further that in such instances, the PARTIES use their best efforts to maintain the confidential nature of the CONFIDENTIAL INFORMATION by protective order or other means.