Common use of Clauses 16 Clause in Contracts

Clauses 16. 1.1 and 16.1.2 shall not prohibit disclosure or use of any information if and to the extent that: (i) the disclosure or use is necessary in order to allow any Party to comply with any legal or regulatory requirement or the rules of any applicable public authority or stock exchange; (ii) the disclosure or use is required for the purposes of any judicial, administrative or arbitration proceedings; (iii) the disclosure is made to professional advisers of any Party on condition that such professional advisers undertake to comply with the provisions of Clauses 16.1.1 and 16.1.2 in respect of such information as if they were a party to the Agreement or are bound by professional secrecy rules; (iv) the information is or becomes publicly available (other than as a result of any breach of the Agreement); or (v) the information becomes available to the Party bound by this Clause 16.1 from a source which is not bound by any obligation of confidentiality in relation to such information (as can be demonstrated by such Party’s written records and other reasonable evidence), it being understood, however, that any Party that intends to disclose information pursuant to this Clause 16.1.3 shall, prior to making such disclosure, consult with the other Party on the form, content and timing of such disclosure.