2Permitted Disclosures. The confidentiality obligations contained in Section 12.1 (Confidential Information) shall not apply to the extent that: (a) the Receiving Party is required (i) to disclose information by law, regulation or order of a governmental agency or a court of competent jurisdiction; or (ii) to disclose information to any governmental agency to the extent necessary to obtain Regulatory Approvals for Licensed Products, provided in either case that the Receiving Party shall provide written notice thereof to the other Party and sufficient opportunity to object to any such disclosure or to request confidential treatment thereof; or (b) the Receiving Party can demonstrate by competent and sufficient evidence that (i) the disclosed information was public knowledge at the time of such disclosure to the Receiving Party, or thereafter became public knowledge, other than as a result of actions of the Receiving Party in violation hereof; (ii) the disclosed information was rightfully known by the Receiving Party (as shown by its written records) prior to the date of disclosure to the Receiving Party by the other Party hereunder; (iii) the disclosed information was disclosed to the Receiving Party on an unrestricted basis from a source unrelated to any Party to this Agreement and not under a duty of confidentiality to the other Party; or (iv) the disclosed information was independently developed by the Receiving Party without use of or reliance on the Confidential Information disclosed by the other Party. In the event that the Receiving Party or its Receiving Parties, as applicable, deem it reasonably necessary to disclose Confidential Information belonging to the Disclosing Party pursuant to this Section 12.2 (Permitted Disclosures), the Receiving Party shall, to the extent possible, provide the Disclosing Party with reasonable advance notice of such disclosure and take reasonable measures (including for example, where appropriate, the filing of a redacted copy of this Agreement approved by both Parties) to ensure confidential treatment of such information.
2Permitted Disclosures. 1Operator’s Permitted Disclosures The Operator may disclose, in whole or in part, items of Confidential Data to those third parties, who may remove the Confidential Data from the custody and premises of the Operator, as may be necessary to conduct activities and operations under this Agreement, if the third parties are bound by written agreement to keep the Confidential Data secret for the period of time set forth in the Operator’s service agreement with those third parties or ____ (__) years if a service agreement does not exist with those third parties. Notwithstanding the foregoing, should the Operator disclose Confidential Data to an Affiliate, then the Operator shall require its Affiliate to handle, hold, and protect the Confidential Data in accordance with the terms of this Agreement.
2Permitted Disclosures. (1) The Service Provider agrees that, the LHIN may disclose,
(a) the name and address of the Service Provider;
(b) the average unit prices of the Service Provider on a Fiscal Year basis;
(c) the Actual Volume of Services of the Service Provider;
(d) a report of the Service Provider’s performance of its obligations under this Agreement, including its performance in relation to the Performance Standards and in relation to applicable Health Quality Ontario indicators; and
(e) the results of any Patient surveys conducted by the LHIN, to any Local Health Integration Network and the public.
(2) The Service Provider agrees that data and statistics in respect of this Agreement including data and statistics with respect to quality of performance and Performance Standards monitoring may be collected by the local health integration networks in Ontario, Health Shared Services Ontario, or nationally, under the direction of the Ontario Ministry of Health and Long-Term Care or the federal Department of Health, on a no-names basis and the Service Provider consents to the disclosure of such information.
(3) The Service Provider agrees that data and statistics with respect to the Service Provider’s quality of performance and Performance Standards monitoring may be disclosed, on a quarterly basis, to other Local Health Integration Networks, and the Service Provider consents to the disclosure of such information.
(4) The Service Provider agrees that information with respect to the Service Provider’s quality of performance and the Service Provider’s annual continuous quality improvement plan may be included in the LHIN’s public reporting of its annual continuous quality improvement plan.
(5) The LHIN may disclose any information with respect to the Service Provider and this Agreement as required by the Applicable Law. The LHIN may disclose to the Government of Ontario and any Local Health Integration Network any information with respect to this Agreement.
(6) If the Service Provider makes a public statement in the media or otherwise in contravention of GC Section 3.6, in addition to any other legal remedies the LHIN may have, the LHIN may, in its sole discretion and notwithstanding GC Section 7.1 or 7.2, disclose any information about the Service Provider if, in the LHIN’s opinion, such disclosure is necessary to provide accurate information to the public or to correct erroneous information that has appeared in the media.
(7) The Service Provider shall not require the LHIN or ...
2Permitted Disclosures. 13.2. 1Parties shall not consider that the obligation to protect the confidentiality of Confidential Information in the means of the Article 13.1 of this Agreement is breached:
13.2.1. 1which Transporter publishes as aggregate data of users pursuant to the provisions of Network Code governing publication of data;
13.2.1. 2which Transporter delivers to the bodies of state authority pursuant to the Applicable Laws;
13.2.1. 3which Party on which these data refers, or third party, has published or on the other manner make publicly available;
13.2.1. 4for which the Party gains written consent by other Party that it may disclose to third party;
13.2.1. 5which the recipient Party can prove with reference to written records that it was already known to it before its receipt from the disclosing Party; or
13.2.1. 6which relates to the amounts payable by the User pursuant to this Agreement or to the provisions and conditions of this Agreement and which the User is required to disclose pursuant to its one or more agreements for the supply and/or transportation of Gas.
2Permitted Disclosures. 9.2. 1Each Party may disclose the Confidential Information of the other Party to the extent that such disclosure is:
(a) in the reasonable opinion of the receiving Party’s legal counsel, required pursuant to law, regulation or a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial or local governmental body of competent jurisdiction, (including by reason of filing with securities regulators, but subject to Section 9.4 (Public Announcements)); provided that, subject to Section 9.4 (Public Announcements), the receiving Party will first have given prompt written notice (and to the extent possible, at least [***] notice) to the disclosing Party and given the disclosing Party a reasonable opportunity to take whatever action it deems necessary to protect its Confidential Information (for example, quash such order or to obtain a protective order or confidential treatment requiring that the Confidential Information and documents that are the subject of such order be held in confidence by such court or governmental body or, if disclosed, be used only for the purposes for which the order was issued). In the event that no protective order or other remedy is obtained, or the disclosing Party waives compliance with the terms of this Agreement, the receiving Party will furnish only that portion of Confidential Information that the receiving Party is advised by counsel is legally required to be disclosed; or
(b) made by or on behalf of the receiving Party to the Regulatory Authorities as required in connection with any filing, application or request for any Regulatory Approval, or any other Regulatory Filing, in accordance with the terms of this Agreement; provided that reasonable measures will be taken to assure confidential treatment of such Confidential Information to the extent practicable and consistent with applicable Law.
2Permitted Disclosures. 1Operator’s Permitted Disclosures The Operator may disclose items of Confidential Data to those third parties as may be necessary to conduct activities and operations under this Agreement, if the third parties are bound by written agreement to keep the Confidential Data secret for the period of time set forth in the Operator’s service agreement with those third parties or ____ (__) years if a service agreement does not exist with those third parties. Notwithstanding the foregoing, should the Operator disclose Confidential Data to an Affiliate, then the Affiliate shall require its Affiliate to handle, hold, and protect the Confidential Data as if it were a Party to this Agreement.
2Permitted Disclosures. To the extent it is reasonably necessary or appropriate to fulfill its obligations or exercise its rights under this Agreement:
(a) a Recipient may disclose Proprietary Information which it is otherwise obligated under this Article 8 not to disclose, to its Affiliates, Sublicensees and prospective Sublicensees (in the case of Assignee), employees, consultants, outside contractors, clinical investigators and other persons, on a need-to-know basis in accordance with the exercise of rights granted to such Recipient under this Agreement; provided that such persons agree to be bound by obligations of confidentiality with respect to such Proprietary Information which are substantially similar in scope and duration to those set forth in this Article 8; and
(b) a Recipient may disclose Proprietary Information of the Disclosing Party to government or other regulatory authorities to the extent that such disclosure is: (i) required by applicable law (including all applicable securities laws), regulation, agency or court order; or (ii) is reasonably necessary to Prosecute and Maintain any Patent, to obtain any authorization to conduct clinical studies, or to obtain any Approval for a Product; provided that, in case of any disclosures required by law, the Recipient shall provide reasonable advance notice to the Disclosing Party to allow such Party to oppose such disclosure or to request confidential treatment of such Proprietary Information.
2Permitted Disclosures. 1Notwithstanding Section 14.1, each Party shall be permitted to disclose Confidential Information of the other Party, if such Confidential Information:
2Permitted Disclosures. Notwithstanding the provisions of Section 7.1, a Receiving Party may make the following disclosures of Confidential Information received from the Disclosing Party:
(a) disclosures to governmental or other regulatory agencies in order to gain approval to conduct Licensed Product trials or to market the Licensed Product, but such disclosure may be only to the extent reasonably necessary to obtain such authorizations upon consultation with the other Party;
(b) disclosures to agents, consultants, Affiliates and/or other Third Parties as necessary for the research and development, Manufacturing and/or marketing of the Licensed Product, or to complete a Permitted Assignment (as defined in Section 11.1), (or for such Persons to determine their interest in performing such activities or such Permitted Assignment), in accordance with this Agreement on the condition that such Third Parties are or agree to be bound by confidentiality obligations substantially as restrictive and long as those contained in this Agreement; or
(c) disclosures required by law or court order, provided that notice is promptly delivered to the Disclosing Party in order to provide it with an opportunity to seek a protective order or other similar order with respect to such Confidential Information and the Receiving Party thereafter discloses only the minimum information reasonably required to be disclosed in order to comply with the request, whether or not a protective order or other similar order is obtained by the Disclosing Party.
2Permitted Disclosures. Notwithstanding the foregoing, each Party may disclose the other Party’s Confidential Information (a) to such Party’s employees, consultants (including, for greater certainty, financial advisors and its lenders), Affiliates, agents, contractors, or permitted sublicensees who are bound by obligations relating to confidentiality at least as restrictive of those contained herein and who have a need to know such information in connection with such Party’s performance of its obligations or practice or enforcement of its rights under this Agreement, (b) to Regulatory Authorities in connection with any Regulatory Filings made by either Party for Development, Manufacture, Commercialization or other Exploitation of a Product in compliance with Applicable Laws and the terms hereof (inside or outside the Territory, in the case of Applied), or (c) pursuant to Section 12.3 or 12.4.
