Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The provisions of Section 7.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated 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 CFDA, FDA or other 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 7.01; 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 7.01, 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 Commercially Reasonable Efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 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 Person third 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 CFDA, FDA a Regulatory Authority or other Regulatory Authority; or (e) a Receiving Party is legally otherwise required or compelled to disclosebe disclosed; provided, however, that that: (i) 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 7.01remedy; 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 7.01, 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 Commercially Reasonable Efforts reasonable 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 7.01 6.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated Person 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 CFDAFDA; provided, FDA 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 other Regulatory Authoritygenerally 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 7.016.01; 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 7.016.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 6.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated 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 CFDA, FDA or other Regulatory AuthorityFDA; 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 7.016.01; 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 7.016.01, 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 Commercially Reasonable Efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 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 Person 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 disclosed; provided, however, the Receiving Party shall continue to treat such information as confidential pursuant to Section 7.01 unless and until such information becomes published or generally known to the CFDA, FDA public through no fault or other Regulatory Authorityomission on the part of the Receiving Party; or (ev) 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 7.01; 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 7.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 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 Person third 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 CFDAUnited States or in another jurisdiction in which the Parties have agreed to seek Approvals; provided, FDA however, the Receiving Party shall continue to treat such information as confidential pursuant to Section 7.01 unless and until such information becomes published or other Regulatory Authoritygenerally 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 7.01; 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 7.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 11.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated 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 CFDA, FDA or other Regulatory AuthorityFDA; 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 7.0111.01; 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 7.0111.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 8.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated Person 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 CFDA, FDA or any other Regulatory Governmental Authority; orprovided, however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 8.01 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; (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 7.018.01; 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 7.018.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information, including, without limitation, specifically with respect to all information contained in any Exhibit to this Agreement; or (f) is disclosed by a Receiving Party in connection with an Action commenced by or against such Receiving Party in connection with an alleged material breach of any of the Transaction Documents (to the extent such Confidential Information is utilized solely for the purpose of supporting such Receiving Party’s allegations in such Action or disproving allegations made against such Receiving Party).

Release from Restrictions. The provisions of Section 7.01 obligation not to disclose or use Information shall not apply to any Confidential part of such Information disclosed hereunder that: (a) is lawfully disclosed to or becomes patented (but the Receiving Party by an independentexistence of a patent shall only permit disclosure and not, unaffiliated Person rightfully in possession unless otherwise provided hereunder, use), published or otherwise part of the Confidential Information and under no confidentiality or fiduciary obligation public domain, other than by unauthorized acts of the party obligated not to make disclosure;disclose such Information (for purposes of this Article 13 the "receiving party") or its Affiliates or sublicensees in contravention of this Agreement; or *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (b) becomes published or generally known is disclosed to the public through no fault receiving party or omission on its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the part of the Receiving Party;other party to this Agreement; or (c) is developed independently by prior to disclosure under the Receiving Party without access to Confidentiality Agreement or this Agreement, as the Confidential Information case may be, was already in the possession of the Disclosing Party;receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) is legally required results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to be disclosed this Agreement, provided that the persons developing such information have not had exposure to the CFDA, FDA or information received from the other Regulatory Authorityparty to this Agreement; or (e) a Receiving Party is legally compelled required by law to disclose; providedbe disclosed by the receiving party, howeverprovided that in the case of disclosure in connection with any litigation, that the Receiving Party shall provide prompt written notice receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the Disclosing Party so that the Disclosing Party other party reasonable opportunity to oppose such requirement; or (f) Triangle and Bukwang agree in writing may seek a protective order or other remedy or waive compliance with Section 7.01; 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 7.01, 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 Commercially Reasonable Efforts to obtain assurances that confidential treatment shall be accorded such informationdisclosed.

Release from Restrictions. The provisions of Section 7.01 10.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated Person 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 CFDAFDA; provided, FDA however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 10.01 unless and until such Confidential Information becomes published or other Regulatory Authority; orgenerally known to the public through no fault or omission on the part of the Receiving Party; (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 7.0110.01; 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 7.0110.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information, including, without limitation, specifically with respect to all information contained in any Disclosure Schedule or Exhibit to this Agreement; or (f) subject to Article VIII (to the extent applicable) is disclosed by a Receiving Party in connection with an Action commenced by or against such Receiving Party in connection with an alleged material breach of any of the Transaction Documents (to the extent such Confidential Information is utilized solely for the purpose of supporting such Receiving Party’s allegations in such Action or disproving allegations made against such Receiving Party).

Release from Restrictions. The provisions of Section 7.01 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 Person 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 CFDAFDA; provided, FDA however, the Receiving Party shall continue to treat such information as confidential pursuant to Section 10.01 unless and until such information becomes published or other Regulatory Authoritygenerally 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 7.0110.01; 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 7.0110.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 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 Person third 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 CFDAUnited States or in another jurisdiction in which the Parties have agreed to seek Approvals; provided, FDA however, the Receiving Party shall continue to treat such information as confidential pursuant to Section 6.01 unless and until such information becomes published or other Regulatory Authoritygenerally 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 7.016.01; 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 7.016.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 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 Person 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 CFDAFDA; provided, FDA however, the Receiving Party shall continue to treat such information as confidential pursuant to Section 10.1 unless and until such information becomes published or other Regulatory Authoritygenerally 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 7.0110.1; 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 7.0110.1, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.

Release from Restrictions. The provisions of Section 7.01 shall not apply to any Confidential Information disclosed hereunder that: (a) is lawfully disclosed to the Receiving Party by an independent, unaffiliated Person 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 CFDAFDA; provided, FDA however, the Receiving Party shall continue to treat such Confidential Information as confidential pursuant to Section 7.01 unless and until such Confidential Information becomes published or other Regulatory Authoritygenerally 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 7.01; 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 7.01, 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 Commercially Reasonable Efforts reasonable best efforts to obtain assurances that confidential treatment shall be accorded such information.