Common use of Legally Compelled Disclosures Clause in Contracts

Legally Compelled Disclosures. In the event that a Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose any of the Joint Venture Documents where such disclosure would be in contravention of the provisions of this Agreement, the CNDA or the Confidentiality Agreement, the Party may make such disclosure but subject to the provisions of this Section 4.9. The Party required to make such disclosure shall provide the other Party with prompt written notice of the requirement to make such disclosure before making such disclosure and will use its reasonable efforts to cooperate fully with the other Party to seek a protective order, confidential treatment, or other appropriate remedy with respect to the disclosure. In such event, the disclosing Party shall furnish for disclosure only that portion of the information that is legally required to be disclosed and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by the other Party and to the maximum extent possible under Applicable Law. The disclosing Party agrees that it will provide the other Party with drafts of any documents or other filings in which it is required to disclose this Agreement, the other Joint Venture Documents or any other confidential information subject to the terms of this Agreement at least two (2) Business Days prior to the filing or disclosure thereof for any matter to be filed with the Commission on Form 8-K and at least five (5) Business Days prior to the filing or disclosure for any other matter required to be filed with the Commission or any other Governmental Entity, and that it will make any changes to such materials as reasonably requested by the other Party to the extent permitted by law or any rules and regulations of the Commission or any other Governmental Entity, as applicable.

Legally Compelled Disclosures. (a) In the event that a Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) required by applicable Law to disclose any of the Joint Venture Transaction Documents where (but excluding this Agreement) or Operations Documents, the Party shall make such disclosure would be in contravention of compliance with the provisions of this Agreement, the CNDA or the Confidentiality Agreement, the Party may make such disclosure but subject to the provisions of this Section 4.96.10. The Party required to make such disclosure shall promptly provide notice to the other Party with prompt written notice Parties of the requirement to make such disclosure before making such disclosure and will use its reasonable efforts to cooperate fully with the other Party to seek a protective order, confidential treatment, or other appropriate remedy with respect to the disclosurerequirement. In such event, the The disclosing Party shall furnish for disclosure only that portion of the information that is legally required to be disclosed and and, with respect to information that would reasonably be considered to be competitively sensitive were it to be publicly disclosed shall exercise its reasonable efforts to obtain reliable assurance that seek confidential treatment will be accorded to (but only if confidential treatment is available under applicable Law for such information) in respect of such information to the extent reasonably requested by the any other Party and to the maximum extent possible under Applicable permitted by Law. The disclosing Party agrees that it will shall (a) provide the other Party Parties with drafts of any documents or other filings in which it is required to disclose the Transaction Documents (but excluding this Agreement), the other Joint Venture Operations Documents or any other confidential information subject to the terms of this Agreement (i) at least two (2) Business Days (or, if two (2) Business Day is not commercially practicable, a lesser time period as is practicable under the circumstances) prior to the filing or disclosure thereof for any matter to be filed with the Commission as a Current Report on Form 8-K K, and (ii) at least five (5) Business Days (or, if five (5) Business Days is not commercially practicable, a lesser time period as is practicable under the circumstances) prior to the filing or disclosure for any other matter required to be filed with the Commission or any other Governmental EntityAuthority, except for matters, financial or otherwise, that the disclosing Party would ordinarily or routinely disclose regarding the Company and the Partnership in filings with the Commission or other Governmental Authority, including, without limitation, Quarterly Reports filed on Form 10-Q, Annual Reports filed on Form 10-K, and that it will Proxy Statements filed on Schedule 14A with the Commission, and (b) shall make any changes to such materials as reasonably requested by the other Party Parties to the extent permitted by law Law. (b) Any information provided by a disclosing Party pursuant to this Section 6.10 to the other Parties shall, from and after the date of this Agreement, be kept as confidential by the receiving Party and remain confidential, and shall not be used or disclosed or otherwise released by the receiving Party to any rules and regulations other Person (other than another Party hereto), without the prior written consent of the Commission disclosing Party, unless and only to the extent (i) such disclosure is required by law, subpoena or any legal process, and then only after providing prior notice to the disclosing Party, to the extent permitted under applicable law, of the request for such disclosure and of the disclosure that the receiving Party intends to make and using commercially reasonable efforts to prevent or limit the required disclosure, (ii) such information was made available to the receiving Party by a third party without a duty of confidentiality with respect to such information, or (iii) such information was already available, or becomes available, to the public other Governmental Entity, than as applicable.a result of a breach by the receiving Party of this Section 6.10(b). 6.11

Legally Compelled Disclosures. In the event that a Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose any of the Joint Venture Documents Documents, or any of the terms thereof, where such disclosure would be in contravention of the provisions of this Agreement, the CNDA Agreement or the Mutual Confidentiality Agreement, the Party may make such disclosure but subject to the provisions of this Section 4.9. The Party required to make such disclosure shall provide the other Party with prompt written notice of the requirement to make such disclosure before making such disclosure and will use its reasonable efforts to cooperate fully with the other Party to seek a protective order, confidential treatment, treatment or other appropriate remedy with respect to the disclosure. In such event, the disclosing Party shall furnish for disclosure only that portion of the information that is legally required to be disclosed and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by the other Party and to the maximum extent possible under Applicable Law. The disclosing Party agrees that it will provide the other Party with drafts of any documents or other filings in which it is required to disclose this Agreement, the other Joint Venture Documents or any other confidential information subject to the terms of this Agreement at least two (2) Business Days prior to the filing or disclosure thereof for any matter to be filed with the Commission on Form 8-K and at least five (5) Business Days prior to the filing or disclosure for any other matter required to be filed with the Commission or any other Governmental EntityEntity (except, in either case, to the extent a shorter time period is required to permit compliance with Applicable Law), and that it will make any changes to such materials as reasonably requested by the other Party to the extent permitted by law or any rules and regulations of the Commission or any other Governmental Entity, as applicable.Applicable Law. Master Agreement DLI-0000000x0 NTC/MICRON CONFIDENTIAL

Legally Compelled Disclosures. In the event that a Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose any of the Joint Venture Documents or the Asset Transaction Agreements where such disclosure would be in contravention of the provisions of this Agreement, the CNDA or the Amended and Restated Mutual Confidentiality Agreement, the Party may make such disclosure but subject to the provisions of this Section 4.94.6. The Party required to make such disclosure shall provide the other Party Parties with prompt written notice of the requirement to make such disclosure before making such disclosure and will use its reasonable efforts to reasonably cooperate fully with the other Party Parties to seek a protective order, confidential treatment, or other appropriate remedy with respect to the disclosure. In such event, the disclosing Party shall furnish for disclosure only that portion of the information that is legally required to be disclosed and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information to the extent reasonably requested by the other Party Parties and to the maximum extent possible under Applicable Law. The disclosing Party agrees that it will provide the other Party Parties with drafts of any documents or other filings in which it is required to disclose this Agreement, the other Joint Venture Documents Documents, the Asset Transaction Agreements or any other confidential information subject to the terms of this Agreement at least two (2) Business Days prior to the filing or disclosure thereof for any matter to be filed with the Commission on Form 8-K and at least five (5) Business Days prior to the filing or disclosure for any other matter required to be filed with the Commission or any other Governmental Entity, and that it will make any changes to such materials as reasonably requested by any of the other Party Parties, as determined by the filing Party, to the extent permitted by law or any rules and regulations of the Commission or any other Governmental Entity, as applicable.

Legally Compelled Disclosures. (a) In the event that a Party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) required by applicable Law to disclose any of the Joint Venture Transaction Documents where (but excluding this Agreement) or Operations Documents, the Party shall make such disclosure would be in contravention of compliance with the provisions of this Agreement, the CNDA or the Confidentiality Agreement, the Party may make such disclosure but subject to the provisions of this Section 4.96.10. The Party required to make such disclosure shall promptly provide notice to the other Party with prompt written notice Parties of the requirement to make such disclosure before making such disclosure and will use its reasonable efforts to cooperate fully with the other Party to seek a protective order, confidential treatment, or other appropriate remedy with respect to the disclosurerequirement. In such event, the The disclosing Party shall furnish for disclosure only that portion of the information that is legally required to be disclosed and and, with respect to information that would reasonably be considered to be competitively sensitive were it to be publicly disclosed shall exercise its reasonable efforts to obtain reliable assurance that seek confidential treatment will be accorded to (but only if confidential treatment is available under applicable Law for such information) in respect of such information to the extent reasonably requested by the any other Party and to the maximum extent possible under Applicable permitted by Law. The disclosing Party agrees that it will shall (a) provide the other Party Parties with drafts of any documents or other filings in which it is required to disclose the Transaction Documents (but excluding this Agreement), the other Joint Venture Operations Documents or any other confidential information subject to the terms of this Agreement (i) at least two (2) Business Days (or, if two (2) Business Day is not commercially practicable, a lesser time period as is practicable under the circumstances) prior to the filing or disclosure thereof for any matter to be filed with the Commission as a Current Report on Form 8-K K, and (ii) at least five (5) Business Days (or, if five (5) Business Days is not commercially practicable, a lesser time period as is practicable under the circumstances) prior to the filing or disclosure for any other matter required to be filed with the Commission or any other Governmental EntityAuthority, except for matters, financial or otherwise, that the disclosing Party would ordinarily or routinely disclose regarding the Company and the Partnership in filings with the Commission or other Governmental Authority, including, without limitation, Quarterly Reports filed on Form 10-Q, Annual Reports filed on Form 10-K, and that it will Proxy Statements filed on Schedule 14A with the Commission, and (b) shall make any changes to such materials as reasonably requested by the other Party Parties to the extent permitted by law or any rules and regulations of the Commission or any other Governmental Entity, as applicableLaw.