Common use of Confidentiality and Limitations on Use Clause in Contracts

Confidentiality and Limitations on Use. A. Subject to any restrictions imposed by their respective national laws, to the fullest extent possible, each Participant certifies the confidentiality of information to be shared under this Memorandum. The certification of confidentiality applies not only to the shared information, but also to the existence of an investigation to which the information relates. The Participants are to treat the shared information, the existence of the investigation to which the information relates, and any requests made pursuant to this Memorandum as confidential, and so far as they are able, not further disclose or use this information for purposes other than those for which it was originally shared, without the prior written consent of the Requested Participant. B. Notwithstanding Section V.A., it is understood that: 1. A Participant may disclose information provided pursuant to this Memorandum in response to a formal request from a Participant country’s legislative body or an order issued from a court with proper jurisdiction in an action commenced by the Participant or its government. 2. Material obtained in connection with the investigation or enforcement of criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of either Participant’s country’s criminal laws. C. Each Participant is to use best efforts to safeguard the security of any information received under this Memorandum and respect any safeguards decided by the Participants. In the event of any access to, or disclosure of, the information not authorized by a Participant, the Participants are to take all reasonable steps to prevent a recurrence of the event and are to notify the other Participant of the occurrence. D. Where a Participant receives an application by a third party for disclosure of confidential information or materials received from a Requested Participant, the Requesting Participant should notify the Requested Participant forthwith and seek to obtain that Participant’s consent to the release of the information. Where the Participant who receives an application for disclosure from a third party is unable to obtain consent for its disclosure from the Requested Participant, if the Receiving Participant is nevertheless obliged under its laws to release the information, it should notify the Requested Participant as soon as possible of its decision to disclose the information.

Confidentiality and Limitations on Use. A. Subject to any restrictions imposed by their respective national laws, to the fullest extent possible, each Participant certifies the confidentiality of information to be shared under this Memorandum. The certification of confidentiality applies not only to the shared information, but also to the existence of an investigation to which the information relates. The Participants are to treat the shared information, the existence of the investigation to which the information relates, and any requests made pursuant to this Memorandum as confidential, and so far as they are able, not further disclose or use this information for purposes other than those for which it was originally shared, without the prior written consent of the Requested Participant. B. Notwithstanding Section V.A.V. A. , it is understood that: 1. A Participant may disclose information provided pursuant to this Memorandum in response to a formal request from a Participant country’s 's legislative body or an order issued from a court with proper jurisdiction in an action commenced by the Participant or its government. 2. Material obtained in connection with the investigation or enforcement of criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of either Participant’s 's country’s 's criminal laws. C. Each Participant is to use best efforts to safeguard the security of any information received under this Memorandum and respect any safeguards decided by the Participants. In the event of any access to, or disclosure of, the information not authorized by a Participant, the Participants are to take all reasonable steps to prevent a recurrence of the event and are to notify the other Participant of the occurrence. D. Where a Participant receives an application by a third party for disclosure of confidential information or materials received from a Requested Participant, the Requesting Participant should notify the Requested Participant forthwith and seek to obtain that Participant’s 's consent to the release of the information. Where the Participant who receives an application for disclosure from a third party is unable to obtain consent for its disclosure from the Requested Participant, if the Receiving Participant is nevertheless obliged under its laws to release the information, it should notify the Requested Participant as soon as possible of its decision to disclose the information.