Common use of Legal Compulsion and Duty to Seek Protection and Exception Clause in Contracts

Legal Compulsion and Duty to Seek Protection and Exception. (A) Subject to Section 9.3(B) of these Terms and Conditions, Receiving Party may disclose the Disclosing Party’s Confidential Information to a court, judicial entity, or regulatory authority having jurisdiction over the Receiving Party to the extent necessary to (1) comply with any Applicable Laws, subpoena, or order of any court, judicial entity, or regulatory authority, or any discovery or data request of a party to any proceeding pending before any of the foregoing, or (2) enforce the Receiving Party’s rights under the Agreement. (B) If Receiving Party: (1) is required by law or regulatory authority or otherwise becomes legally compelled (by oral questions, interrogatories, discovery or data requests, subpoena, or similar legal process), or (2) in order to enforce its rights under the Agreement is required to disclose the Disclosing Party’s Confidential Information, Receiving Party will provide the Disclosing Party with prompt notice so that the Disclosing Party may seek (with the Receiving Party’s reasonable cooperation, if requested by the Disclosing Party) a protective order or other appropriate remedy. In the event that a protective order or other remedy is not obtained, or that the Disclosing Party waives compliance with the provisions of this Section 9.3(B), the Receiving Party will furnish only that portion of the Disclosing Party’s Confidential Information which is legally required and will exercise its reasonable efforts to obtain assurance that that Confidential Information will be treated as confidential. (C) Notwithstanding anything to the contrary in this subsection, EMS shall not be in violation of this Agreement if it or Edison provides Confidential Information to the CPUC pursuant to applicable CPUC decisions including CPUC decisions 00-00-000 and 00-00-000 as those decisions may be modified or superseded from time to time, or to any other regulatory agency or administrative agency, under similar protective language, if possible, regardless whether the Confidential Information is formally requested and without notice to Contractor.

Legal Compulsion and Duty to Seek Protection and Exception. (A) Subject to Section 9.3(B10.3(B) of these Terms and Conditionsthis MMA, Receiving Party may disclose the Disclosing Party’s Confidential Information to a court, judicial entity, or regulatory authority having jurisdiction over the Receiving Party to the extent necessary to to: (1) comply with any Applicable LawsLaw or regulation, decision, rule, subpoena, or order of any court, judicial entity, or regulatory authority, or any discovery or data request of a party to any proceeding pending before any of the foregoing, or (2) enforce the Receiving Party’s rights under the Agreement. (B) If Receiving Party: (1) is required by law or regulatory authority or otherwise becomes legally compelled (by oral questions, interrogatories, discovery or data requests, subpoena, or similar legal process), or (2) in order to enforce its rights under the Agreement is required to disclose the Disclosing Party’s Confidential Information, Receiving Party will provide the Disclosing Party with prompt notice so that the Disclosing Party may seek (with the Receiving Party’s reasonable cooperation, if requested by the Disclosing Party) a protective order or other appropriate remedy. In the event that a protective order or other remedy is not obtained, or that the Disclosing Party waives compliance with the provisions of this Section 9.3(B)10.3(B) of this MMA, the Receiving Party will furnish only that portion of the Disclosing Party’s Confidential Information which is legally required and will exercise its reasonable efforts to obtain assurance that that Confidential Information will be treated as confidential. (C) Notwithstanding anything to the contrary in this subsectionsub-sections (A) and (B) above, EMS SCE shall not be in violation of this the Agreement if it or Edison provides Implementer Confidential Information to the CPUC pursuant to applicable CPUC decisions decisions, including CPUC decisions 0016- 08-00-000 024 and 00-00-000 000, as those decisions may be modified or superseded from time to time, or to any other regulatory agency or administrative agency, under similar protective language, if possible, regardless whether the Implementer Confidential Information is formally requested and without notice to ContractorImplementer. (D) Notwithstanding anything to the contrary in this Agreement, Implementer consents that SCE shall have the right to submit Deliverables to industry-recognized testing laboratories and to report to industry-recognized vulnerability reporting organizations regarding any hardware, software or systems vulnerabilities that may put a user’s cybersecurity interests at risk.

Legal Compulsion and Duty to Seek Protection and Exception. (A) Subject to Section 9.3(B) of these Terms and Conditions, Receiving Party may disclose the Disclosing Party’s Confidential Information to a court, judicial entity, or regulatory authority having jurisdiction over the Receiving Party to the extent necessary to (1) comply with any Applicable Laws, subpoena, or order of any court, judicial entity, or regulatory authority, or any discovery or data request of a party to any proceeding pending before any of the foregoing, or (2) enforce the Receiving Party’s rights under the Agreement. (B) If Receiving Party: Party (1) is required by law or regulatory authority or otherwise becomes legally compelled (by oral questions, interrogatories, discovery or data requests, subpoena, or similar legal process), or (2) in order to enforce its rights under the Agreement is required to disclose the Disclosing Party’s Confidential Information, Receiving Party will provide the Disclosing Party with prompt notice so that the Disclosing Party may seek (with the Receiving Party’s reasonable cooperation, if requested by the Disclosing Party) a protective order or other appropriate remedy. In the event that a protective order or other remedy is not obtained, or that the Disclosing Party waives compliance with the provisions of this Section 9.3(B), the Receiving Party will furnish only that portion of the Disclosing Party’s Confidential Information which is legally required and will exercise its reasonable efforts to obtain assurance that that Confidential Information will be treated as confidential. (C) Notwithstanding anything to the contrary in this subsection, EMS shall not be in violation of this Agreement if it or Edison provides Confidential Information to the CPUC pursuant to applicable CPUC decisions including CPUC decisions 00-00-000 and 00-00-000 as those decisions may be modified or superseded from time to timePublic Utilities Code Section 583, or to any other regulatory agency or administrative agency, under similar protective language, if possible, regardless whether the Confidential Information is formally requested and without notice to Contractor.