Applicability of Obligations. Consultant’s obligations under this Agreement shall apply equally to and be binding upon all of Consultant’s subsidiaries, employees, representatives, agents, consultants, successors and permitted assigns, and Consultant shall be responsible for any breach of this Agreement by any such party. The obligations arising in this Section shall survive the expiration or termination of the term of this Agreement. Exceptions: Consultant’s obligations under this Agreement shall not apply to any portion of the Confidential Information which: (i) was known to Consultant prior to its receipt (directly or indirectly) from Company as demonstrated by Consultant’s records, (ii) was published or generally available to the public prior to its receipt under this Agreement, or thereafter becomes published or generally available to the public through no fault of Consultant, (iii) is disclosed to Consultant, free of restrictions on use and commitments of confidentiality, by a third party which did not derive the same directly or indirectly from Company and which has the legal right to disclose the same, (iv) is independently developed by an employee, consultant or agent of Consultant without access to the Confidential Information as received under this Agreement; or (v) Consultant is obligated to produce as a result of a court order or other compulsory process, provided that Company has been given notice and an opportunity to waive its rights or to seek a protective order or other appropriate remedy before the disclosure of such portion of the Confidential Information. Notwithstanding anything to the contrary contained in this Agreement, Company and Consultant each acknowledges and
Applicability of Obligations. The obligations arising under this Agreement shall apply equally to and be binding upon Interested Party and all of its Representatives and Interested Party shall be responsible for any breach of this Agreement by any such Representative (it being understood that such responsibility shall be in addition to and not by way of limitation of any right or remedy Company may have against any such Representative with respect to such breach). In the event that Interested Party becomes aware of any unauthorized disclosure or use of any Confidential Information or other breach of this Agreement, then Interested Party shall immediately notify Company of the particulars thereof.
Applicability of Obligations. This Agreement shall apply to any Confidential Information disclosed to Recipient after the Effective Date and to Confidential Information disclosed earlier to the extent the parties began discussions concerning the Business Purpose prior to the Effective Date. The obligations of Recipient and any Permitted Person under this Agreement as to the Confidential Information it has received hereunder shall continue in full force and effect regardless of any cessation of discussions between the parties or any attempted termination of this Agreement.
Applicability of Obligations. The terms contained in Section 13.3 shall apply to any Confidential Information disclosed to the Receiving Party during the Term of this Agreement and shall apply to any Confidential Information disclosed earlier to the Receiving Party to the extent the Parties began discussions concerning this Agreement prior to the Effective Date. The obligations of the Receiving Party and any of its representatives as to the Confidential Information it has received hereunder shall continue in full force and effect for the periods set forth in Section 13.3.3 of this Agreement regardless of any attempted or actual termination or expiration hereof.
