Limitations on Confidentiality. Notwithstanding the foregoing, the restrictions on confidentiality noted above shall not be applicable to: (i) the Undersigned’s obligation to disclose any such information pursuant to a request or order under applicable laws and regulations or pursuant to a subpoena or other legal process; provided, however, the Undersigned shall provide the Owner with prompt oral and written notice identifying the confidential information it intends to disclose so that the Owner may, if it so desires, obtain a protective order; (ii) the Undersigned’s obligation to disclose any confidential information to financial institutions, auditors, counsel or other advisors of the Undersigned for the purposes of evaluating the Proposed Transaction; (iii) the Undersigned’s right to use any such confidential information in connection with the Proposed Transaction; and (iv) any such confidential information that becomes part of the public domain independently of any act of the Undersigned not permitted hereunder (through publication or otherwise) or when identical or substantially similar information is received by the Undersigned without restriction as to its disclosure or use.
Appears in 3 contracts
Sources: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement