Common use of Nothing in Clause in Contracts

Nothing in. Section 15.1 will prohibit the Receiving Party or its employees, officers, directors, representatives, agents, third-party service providers and advisors, including its accountants, consultants, independent auditors or attorneys (collectively, its “Representatives”) from disclosing Confidential Information: (i) as required by Applicable Law; (ii) to those of its respective affiliates, and its and their respective Representatives who reasonably require such Confidential Information in connection with providing advice to the Receiving Party, including with respect to the Receiving Party’s exercise of its rights or performance of its obligations under this Agreement and each of which is bound by an obligation of confidentiality consistent with this Section 15.1; (iii) as required to be disclosed in response to interrogatories, subpoenas, civil investigative demands, compulsory process or otherwise required by Applicable Law in connection with any judicial or arbitral process or public securities filing requirements (on condition that (A) the Receiving Party, subject to such Applicable Law, uses commercially reasonable efforts to avoid such disclosure and to notify the Disclosing Party of any such use or requirement prior to disclosure of any Confidential Information in order to afford the Receiving Party an opportunity to seek a protective order to prevent or limit disclosure of the Confidential Information to third parties; and (B) such information is disclosed only to the extent required by such Applicable Law); (iv) to the extent necessary, in exercising or enforcing its rights or performing its obligations under this Agreement; or (v) as may be agreed upon in writing by the Disclosing Party.

Appears in 2 contracts

Sources: Co Brand and Private Label Credit Card Consumer Program Agreement (Stein Mart Inc), Co Brand and Private Label Credit Card Consumer Program Agreement (Stein Mart Inc)