Common use of APPLICATION OF RESTRICTION Clause in Contracts

APPLICATION OF RESTRICTION. The restrictions of this article shall not apply: (1) to Proprietary Information which enters the public domain without fault of the Receiving Party; or (2) to Proprietary Information which the Receiving Party can prove was rightfully in its possession prior to disclosure from the Disclosing Party or from Nortel's supplies; or (3) to Proprietary Information which is independently developed by the Receiving Party; or (4) if such restrictions would prevent required compliance with applicable law, applicable governmental regulation, or an order of a court of competent jurisdiction. A Receiving Party invoking exception (4) above shall use all commercially reasonable efforts to notify the Disclosing Party of any intended disclosure as far in advance of the date of required compliance as is practicable and shall not make such disclosure in advance of the date of required compliance, so that the Disclosing Party may have an opportunity to take such steps as it deems appropriate to defend its interests; provided, however, that in the event the Receiving Party invokes exception (4) above and the Proprietary Information is that of a Nortel supplier, such notification shall be made to Nortel.

APPLICATION OF RESTRICTION. The restrictions of this article shall not apply: (1) to Proprietary Information which enters the public domain without fault of the Receiving Party; or (2) to Proprietary Information which the Receiving Party can prove was rightfully in its possession prior to disclosure from the Disclosing Party or from Nortel's suppliesParty; or (3) to Proprietary Information which is independently developed by the Receiving Party; or (4) if such restrictions would prevent required compliance with applicable law, applicable governmental regulation, or an order of a court of competent jurisdiction. A Receiving Party invoking exception (4) above shall use all commercially reasonable efforts to notify the Disclosing Party of any intended disclosure as far in advance of the date of required compliance as is practicable and shall not make such disclosure in advance of the date of required compliance, so that the Disclosing Party may have an opportunity to take such steps as it deems appropriate to defend its interests; provided, however, that in the event the Receiving Party invokes exception (4) above and the Proprietary Information is that of a Nortel Elastic Networks supplier, such notification shall be made to NortelElastic Networks.