Common use of Confidentiality Obligations of the Warranty Provider Clause in Contracts

Confidentiality Obligations of the Warranty Provider. Subject to Section 9.2, the Warranty Provider agrees, on behalf of itself and its agents, not to disclose or use for any purpose other than the administration of this Agreement, the exercise of its rights hereunder or legitimate corporate purposes relating to this Agreement (including any corporate purposes relating to the characterization or treatment of the rights and obligations hereunder for accounting, insurance, rating agency or other similar purposes) (x) any information regarding the specific investments of the Fund whether provided to the Warranty Provider by the Adviser, the Fund or the Custodian ("Trading Information") or (y) other confidential information (including without limitation proprietary information as to systems, software and trading methods) (collectively, "Other Information" and, together with Trading Information, "Fund Confidential Information") provided by the Adviser or the Fund to the Warranty Provider hereunder unless (i) such information was or becomes generally available to the public other than as a result of the Warranty Provider'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 having jurisdiction over the Warranty Provider. The Warranty Provider shall promptly provide the Fund and the Adviser with prior written notice of any request or requirement to the extent permissible and practicable under the circumstances, so the Fund or the Adviser may seek a protective order or other appropriate remedy prior to the release of such information by the Warranty Provider.