Common use of Confidentiality Obligations of the Adviser and the Fund Clause in Contracts

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees, on behalf of itself and its agents, not to disclose or use for any purpose other than the administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, "Warranty Provider Confidential Information") provided by the Warranty Provider to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser's or the Fund's breach of this Article IX; or (ii) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. (b) Notwithstanding subsection (a) above, each of the Adviser and the Fund may disclose Warranty Provider Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement or the exercise of the Adviser's and Fund's rights or obligations hereunder or thereunder, so long as such persons agree to keep such information confidential on the terms contained in this Section 9.3.

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees, on behalf of itself and its agents, not to disclose or use for any purpose other than the administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, "Warranty Provider Confidential InformationBANK CONFIDENTIAL INFORMATION") provided by the Warranty Provider Bank to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser's or the Fund's breach of this Article ARTICLE IX; or (ii) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. (b) Notwithstanding subsection (a) above, each of the Adviser and the Fund may disclose Warranty Provider Bank Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement or the exercise of the Adviser's and Fund's rights or obligations hereunder or thereunder, so long as such persons agree to keep such information confidential on the terms contained in this Section SECTION 9.3.

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees, on behalf of itself and its agents, not to disclose or use for any purpose other than the administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, "Warranty Provider Confidential Information") provided by the Warranty Provider to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser's or the Fund's breach of this Article IX; or (ii) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. (ba) Notwithstanding subsection (a) above, each of the Adviser and the Fund may disclose Warranty Provider Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement or the exercise of the Adviser's and Fund's rights or obligations hereunder or thereunder, so long as such persons agree to keep such information confidential on the terms contained in this Section 9.3.

Confidentiality Obligations of the Adviser and the Fund. (a) Subject to subsection (b) below, the Adviser and the Fund each agrees, on behalf of itself and its agents, not to disclose or use for any purpose other than the administration of this Agreement and the exercise of its rights and obligations hereunder any confidential information (including, without limitation, proprietary information as to systems, software and trading methods) (collectively, "Warranty Provider Confidential InformationWARRANTY PROVIDER CONFIDENTIAL INFORMATION") provided by the Warranty Provider to the Adviser or the Fund hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Adviser's or the Fund's breach of this Article ARTICLE IX; or (ii) such information is required to be disclosed pursuant to applicable law or in connection with any legal proceedings or to the extent required by a subpoena, order of any court or Government Authority. (b) Notwithstanding subsection (a) above, each of the Adviser and the Fund may disclose Warranty Provider Confidential Information to those of its officers, employees, directors, representatives, agents, outside counsel, and independent auditors who need to see such information in connection with administration of the Agreement or the exercise of the Adviser's and Fund's rights or obligations hereunder or thereunder, so long as such persons agree to keep such information confidential on the terms contained in this Section SECTION 9.3.