Common use of Sections 16 Clause in Contracts

Sections 16. 8.1 and 16.8.2 shall however not prohibit disclosure or use of any information if and to the extent that: (a) The disclosure or use is required by applicable Law, provided that prior to such disclosure or use, the Party concerned shall, to the extent practicable, promptly notify the other Parties of such requirement with a view to providing the other Parties with the opportunity to give its comments (which shall not be unreasonably withheld) regarding such disclosure or use; (b) The disclosure or use is required for the purpose of complying with the provisions of this Agreement or any judicial proceedings arising out of this Agreement or any other agreement entered into under or pursuant to this Agreement; (c) The information is or becomes publicly available (other than by breach of this Agreement); (d) The other Parties have given their prior written approval to the disclosure or use; (e) The disclosure to or use by professional advisors or third party suppliers on a “need-to-know” basis and provided that such advisors or suppliers are subject to written confidentiality obligations; or (f) The information was already in the possession of that Party and is not subject to a confidentiality obligation or restriction in use.