Common use of Disclosure Required FOIA and Other Laws Clause in Contracts

Disclosure Required FOIA and Other Laws. Licensee further acknowledges that Authority is a public entity subject to the South Carolina Freedom of Information Act. In the event a Party is obliged or receives a request in either case to disclose Confidential Information as required by any statute or regulation, or under the terms of an order issued by a court of competent jurisdiction or by a governmental body or agency, or pursuant to an appropriate request for production of documents in any proceeding before a court of competent jurisdiction, the Party receiving such a request shall give written notice of same to the other Party at least ten (10) days prior to the date of compliance with such request (unless that Party has less than ten (10) days within which to comply, in which case said Party shall give the other Party as much notice as is practicable under the circumstances) so that the disclosing Party has an opportunity to seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If (in the absence of a waiver by the disclosing Party) the disclosing Party has not secured a protective order or other appropriate remedy despite attempting to do so, and the receiving Party is nonetheless then legally obliged to disclose any Confidential Information, the receiving Party may without liability hereunder, disclose only that portion of the Confidential Information which is necessarily subject to disclosure.

Appears in 3 contracts

Samples: Master Transmission Pole Attachment License Agreement, Master Transmission Pole Attachment License Agreement, Master Transmission Pole Attachment License Agreement

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Disclosure Required FOIA and Other Laws. Licensee The Lessee further acknowledges that Authority is a public entity subject to the South Carolina Freedom of Information Act. In the event a Party is obliged or receives a request in either case to disclose Confidential Information as required by any statute or regulation, or under the terms of an order issued by a court of competent jurisdiction or by a governmental body or agency, or pursuant to an appropriate request for production of documents in any proceeding before a court of competent jurisdiction, the Party receiving such a request shall give written notice of same to the other Party at least ten (10) days prior to the date of compliance with such request (unless that Party has less than ten (10) days within which to comply, in which case said Party shall give the other Party as much notice as is practicable under the circumstances) so that the disclosing Party has an opportunity to seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If (in the absence of a waiver by the disclosing Party) the disclosing Party has not secured a protective order or other appropriate remedy despite attempting to do so, and the receiving Party is nonetheless then legally obliged to disclose any Confidential Information, the receiving Party may without liability hereunder, disclose only that portion of the Confidential Information which is necessarily subject to disclosure.

Appears in 2 contracts

Samples: Master Excess Fiber Lease Agreement, Master Dark Fiber Agreement

Disclosure Required FOIA and Other Laws. Licensee further acknowledges that Authority is a public entity subject to the South Carolina Freedom of Information Act. In the event a Party is obliged or receives a request in either case to disclose Confidential Information as required by any statute or regulation, or under the terms of an order issued by a court of competent jurisdiction or by a governmental body or agency, or pursuant to an appropriate request for production of documents in any proceeding before a court of competent jurisdiction, the Party receiving such a request shall give written notice of same to the other Party at least ten (10) days prior to the date of compliance with such request (unless that Party has less than ten (10) days within which to comply, in which case said Party shall give the other Party as much notice as is practicable under the circumstances) so that the disclosing Party has an opportunity to seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If (in the absence of a waiver by the disclosing Party) the disclosing Party has not secured a protective order or other appropriate remedy despite attempting to do so, and the receiving Party is nonetheless then legally obliged to disclose any Confidential Information, the receiving Party may without liability hereunder, disclose only that portion of the Confidential Information which is necessarily subject to disclosure.disclosure.‌

Appears in 1 contract

Samples: Master Transmission Pole Attachment License Agreement

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Disclosure Required FOIA and Other Laws. Licensee The Lessee further acknowledges that Authority is a public entity subject to the South Carolina Freedom of Information Act. In the event a Party is obliged or receives a request in either case to disclose Confidential Information as required by any statute or regulation, or under the terms of an order issued by a court of competent jurisdiction or by a governmental body or agency, or pursuant to an appropriate request for production of documents in any proceeding before a court of competent jurisdiction, the Party receiving such a request shall give written notice of same to the other Party at least ten (10) days prior to the date of compliance with such request (unless that Party has less than ten (10) days within which to comply, in which case said Party shall give the other Party as much notice as is practicable under the circumstances) so that the disclosing Party has an opportunity to seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If (in the absence of a waiver by the disclosing Party) the disclosing Party has not secured a protective order or other appropriate remedy despite attempting to do so, and the receiving Party is nonetheless then legally obliged to disclose any Confidential Information, the receiving Party may without liability hereunder, disclose only that portion of the Confidential Information which is necessarily subject to disclosure.disclosure.‌

Appears in 1 contract

Samples: Master Excess Fiber Lease Agreement

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