Clauses 16. 2 to 16.4 do not apply to Confidential Information which: 16.5.1 is at the date of this Agreement, or at any time after that date, becomes publicly known other than by the Receiving Party's or Recipient's breach of this Agreement; 16.5.2 can be shown by the Receiving Party to the Disclosing Party's reasonable satisfaction to have been known by the Receiving Party before disclosure by the Disclosing Party to the Receiving Party; 16.5.3 is required to be disclosed by law, by a rule of a listing authority or stock exchange to which any Receiving Party is subject or submits or by a governmental authority or other authority with relevant powers to which any Receiving Party is subject or submits, whether or not the requirement has the force of law; or 16.5.4 is disclosed to auditors of a Receiving Party, or (as applicable) a member of the XL Group, or a Buyer's Group Undertaking, or rating agencies provided that such auditors or rating agencies are made aware of the provisions of this Clause 16.
Appears in 3 contracts
Sources: Retrocession Agreement, Retrocession Agreement (Xl Group PLC), Retrocession Agreement (Xl Group PLC)