Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The provisions of Section 6.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 9.01 shall not apply to and terminate with respect to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation to the Disclosing Party not to make disclosure; (b) is or becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to use of the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDAa Regulatory Authority or is otherwise required or compelled to be disclosed; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; orthat: (ei) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.01remedy; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information; and (ii) the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 9.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party.

Release from Restrictions. The provisions of Section 6.01 7.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party Person rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; providedCFDA, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published FDA or generally known to the public through no fault or omission on the part of the Receiving Partyother Regulatory Authority; or (e) a Receiving Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.017.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.017.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts Commercially Reasonable Efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 10.01 shall not apply to any Confidential Information information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information information as confidential pursuant to Section 6.01 10.01 unless and until such Confidential Information information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.0110.01; and provided further that in the event that if such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.0110.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 10.1 shall not apply to any Confidential Information information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information information as confidential pursuant to Section 6.01 10.1 unless and until such Confidential Information information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.0110.1; and provided further that in the event that if such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.0110.1, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 ------------------------- 15.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving receiving Party; or (ec) a Party is legally compelled to disclose; provided, however, that -------- ------- the Receiving receiving Party shall provide prompt written notice of such requirement to the Disclosing disclosing Party so that the Disclosing disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.0115.01; and provided -------- further that in the event that such protective order or other remedy is not ------- obtained or the Disclosing disclosing Party waives compliance with Section 6.0115.01, the Receiving receiving Party shall be permitted to furnish only that portion of such Confidential Information that which is legally required to be provided and the Receiving receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 11.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party Person rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Receiving Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.0111.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives does not waive compliance with Section 6.0111.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 shall not apply to any Confidential Information information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to a Regulatory Authority in the FDAUnited States or in another jurisdiction in which the Parties have agreed to seek Approvals; provided, however, the Receiving Party shall continue to treat such Confidential Information information as confidential pursuant to Section 6.01 unless and until such Confidential Information information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided provided, and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 7.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 7.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.017.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.017.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party Person rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to the FDA; provided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 6.01 unless and until such Confidential Information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Receiving Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts Commercially Reasonable Efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 7.01 shall not apply to any Confidential Information information disclosed hereunder that: (ai) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party rightfully in possession of the Confidential Information and under no confidentiality or fiduciary obligation not to make disclosure; (bii) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (ciii) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (div) is legally required to be disclosed to the FDAdisclosed; provided, however, the Receiving Party shall continue to treat such Confidential Information information as confidential pursuant to Section 6.01 7.01 unless and until such Confidential Information information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (ev) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.017.01; and provided further that in the event that if such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.017.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 6.01 7.01 shall not apply to any Confidential Information information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated third Party party rightfully in possession of the Confidential Information information and under no confidentiality or fiduciary obligation not to make disclosure; (b) becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; (c) is developed independently by the Receiving Party without access to the Confidential Information of the Disclosing Party; (d) is legally required to be disclosed to a Regulatory Authority in the FDAUnited States or in another jurisdiction in which the Parties have agreed to seek Approvals; provided, however, the Receiving Party shall continue to treat such Confidential Information information as confidential pursuant to Section 6.01 7.01 unless and until such Confidential Information information becomes published or generally known to the public through no fault or omission on the part of the Receiving Party; or (e) a Party is legally compelled to disclose; provided, however, that the Receiving Party shall provide prompt written notice of such requirement to the Disclosing Party so that the Disclosing Party may seek a protective order or other remedy or waive compliance with Section 6.017.01; and provided further that in the event that such protective order or other remedy is not obtained or the Disclosing Party waives compliance with Section 6.017.01, the Receiving Party shall be permitted to furnish only that portion of such Confidential Information that is legally required to be provided and the Receiving Party shall exercise its reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.