Common use of Restricted Data Clause in Contracts

Restricted Data. 4.1 Either party may identify to the other party in writing certain elements of some or all of the Data which incorporates information licensed to a party of this Agreement by a third party, and which Data is subject to restrictions greater or different from the restrictions set forth in this Agreement ("Restricted Data"). In addition to the terms and conditions of this Agreement, the licensee hereunder agrees to treat each element of Restricted Data in accordance with the terms required by the third party. To the extent that any term of such a third party agreement then in effect is more restrictive concerning the use or disclosure of Restricted Data than the terms contained in this Agreement concerning the use or disclosure of Data, then the terms of such third party agreement shall control, but only with respect to the use or disclosure, as the case may be, of Restricted Data. 4.2 In the event a party hereto identifies Restricted Data pursuant to Paragraph 4.1 above as requiring an additional license and the licensee fails to maintain the requisite license with the applicable third party licensing such data which would permit licensee, at a minimum, a right to use the Restricted Data provided hereunder in the manner contemplated herein, then the licensor of such Data hereunder shall have no further requirement to provide such Restricted Data under the terms of this Agreement until such time as the receiving party obtains such a license. 4.3 Each party hereto shall use its reasonable commercial efforts to avoid third party restrictions which impair or restrict the rights of the other party to use IMS Data or Pharbase data, as the case may be, as otherwise permitted by the terms of Paragraph 2.3 and 3.3