Common use of Confidentiality and Record Keeping Clause in Contracts

Confidentiality and Record Keeping. 2.1 CONFIDENTIALITY DSI shall maintain the Deposit Materials in a secure, environmentally safe, locked receptacle which is accessible only to authorized employees of DSI. DSI shall have the obligation to reasonably protect the confidentiality of the Deposit Materials. Except as provided in this Escrow Agreement, DSI shall not disclose, transfer, make available, or use the Deposit Materials. DSI shall not disclose the content of this Escrow Agreement to any third party. If DSI receives a subpoena or other order of a court or other judicial tribunal to the disclosure or release of the Deposit Materials, DSI will immediately notify the parties to this Escrow Agreement. It shall be the responsibility of the Depositor and/or Preferred Beneficiary to challenge any such order; provided, however, that DSI does not wave its rights to present its position with respect to any such order. DSI will not be required to disobey any court or other judicial tribunal order. (See Section 7.5 below for notices of requested orders.)