Common use of COVENANT NOT Clause in Contracts

COVENANT NOT. TO-DIVULGE CONFIDENTIAL AND PROPRIETARY INFORMATION. The Orthodontic Entity and Orthodontist acknowledge and agree that AOI Group is entitled to prevent the disclosure of Confidential and Proprietary Information. The Orthodontic Entity and Orthodontist agree at all times during the term of this Agreement and thereafter to hold in strictest confidence and not to disclose to any person, firm or corporation, other than to Orthodontic Entity Professional Employees and persons engaged by Apple to further the business of the Orthodontic Entity, and not to use except in the pursuit of the business of AOI Group, Confidential and Proprietary Information, without the prior written consent of Apple; unless (i) such information becomes known or available to the public generally through no wrongful act of the Orthodontic Entity or Orthodontist or its employees, (ii) disclosure is required by law or the rule, regulation or order of any governmental authority under color of law, provided, that prior to disclosing any Confidential and Proprietary Information pursuant to this clause (ii), the Orthodontic Entity and Orthodontist shall, if possible, give prior written notice thereof to Apple and provide Apple with the opportunity to contest such disclosure, or (iii) the Orthodontic Entity and Orthodontist reasonably believe that such disclosure is required in connection with a lawsuit to which the Orthodontic Entity or Orthodontist is a party.