Common use of Non-Use and Non-Disclosure Clause in Contracts

Non-Use and Non-Disclosure. Neither party shall use the other party’s Confidential Information except for the purpose of performing its obligations under this Agreement (“Purpose”). Each party shall protect the Confidential Information of the other party from disclosure and unauthorized use in the same manner that it protects its own proprietary and confidential information of like nature, but in no event shall such standard of care be less than reasonable care. Supplier may disclose the Confidential Information of the other party only to those of its employees, subcontractors, contractors, directors, advisors, auditors, attorneys and consultants who require such information for the Purpose and who are subject to confidentiality obligations at least as protective as those set forth herein. Each party shall immediately notify the other party in the event of any unauthorized use or disclosure of the other party’s Confidential Information. In the event that a party’s Confidential Information is required to be disclosed by the other party pursuant to law, regulation or valid court order, the other party shall be permitted to make such disclosure; provided, however, that (i) it shall promptly notify the party of the fact in writing to permit the party the reasonable opportunity to appear in any judicial proceeding involved or otherwise to act to preserve its rights; and (ii) such disclosure is no greater than what was required to be compliant with such law, regulation or order.

Non-Use and Non-Disclosure. Neither Each party shall use acknowledges and agrees that all the other party’s Confidential Information except for is confidential and proprietary to the purpose of performing its obligations under this Agreement (“Purpose”)disclosing party. Each party shall protect not use or disclose to any third party or Affiliate the other party’s Confidential Information without the other party’s prior written consent for any purpose other than as permitted or required hereunder. Acclarent shall be free, however, to disclose some or all of the other party from disclosure and unauthorized use in the same manner that it protects technology transferred under this Agreement to its own proprietary and confidential information of like nature, but in no event shall such standard of care be less than reasonable care. Supplier may disclose the Confidential Information of the other party only to those of its employees, subcontractors, contractors, directorssublicensees or consultants provided that such contractors, advisors, auditors, attorneys sublicensees or consultants are bound by a written confidentiality agreement with Acclarent that contains non-use and consultants who require such information for the Purpose and who non-disclosure provisions that are subject to confidentiality obligations at least as protective restrictive as those set forth hereinin this Section. Each party shall immediately notify take the other party in the event of same reasonable measures necessary to prevent any unauthorized use disclosure by its employees, agents, contractors, sub-licensees, or disclosure consultants of the other party’s Confidential Information as it applies to the protection of its own Confidential Information. In This provision shall include, and be extended to, the event terms of the Mutual Confidentiality and Non-Disclosure Agreement previously executed by the parties. It is expressly agreed and understood that a party’s Confidential Information is under no circumstances shall Advanced be required to be disclosed disclose any of its confidential, trade secret or proprietary processes, unless required by the other party pursuant a Court of Law to law, regulation or valid court order, the other party shall be permitted to make such disclosure; provided, however, that (i) it shall promptly notify the party of the fact in writing to permit the party the reasonable opportunity to appear in any judicial proceeding involved or otherwise to act to preserve its rights; and (ii) such disclosure is no greater than what was required to be compliant with such law, regulation or orderdo so.

Non-Use and Non-Disclosure. Neither party shall use the other party’s 's Confidential Information except for the purpose of performing its obligations under this Agreement (“"Purpose”"). Each party shall protect the Confidential Information of the other party from disclosure and unauthorized use in the same manner that it protects its own proprietary and confidential information of like nature, but in no event shall such standard of care be less than reasonable care. Supplier may disclose the Confidential Information of the other party only to those of its employees, subcontractors, contractors, directors, advisors, auditors, attorneys and consultants who require such information for the Purpose and who are subject to confidentiality obligations at least as protective as those set forth herein. Each party shall immediately notify the other party in the event of any unauthorized use or disclosure of the other party’s 's Confidential Information. In the event that a party’s 's Confidential Information is required to be disclosed by the other party pursuant to law, regulation or valid court order, the other party shall be permitted to make such disclosure; provided, however, that (i) it shall promptly notify the party of the fact in writing to permit the party the reasonable opportunity to appear in any judicial proceeding involved or otherwise to act to preserve its rights; and (ii) such disclosure is no greater than what was required to be compliant with such law, regulation or order.

Non-Use and Non-Disclosure. Neither party The Parties acknowledge that the Confidential Information constitutes valuable trade secrets of the other Party and that each Party shall use and protect Confidential Information solely in accordance with the provisions of this Agreement. Neither Party will make any use of the Confidential Information for any other purpose nor will either Party disclose, or permit to be disclosed, the same, directly or indirectly, to any third party without the other partyParty’s Confidential Information except for the purpose of performing its obligations under this Agreement (“Purpose”)prior written consent. Each party The Parties shall protect the exercise due care in protecting all Confidential Information of the other party [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Party from disclosure and unauthorized use in the same manner that it protects its own proprietary and confidential information of like nature, but in no event shall such standard of care be less than reasonable care. Supplier may disclose the Confidential Information of the other party only to those of its employees, subcontractors, contractors, directors, advisors, auditors, attorneys and consultants who require such information for the Purpose and who are subject to confidentiality obligations at least as protective as those set forth herein. Each party shall immediately notify the other party in the event of any unauthorized use or disclosure of disclosure. However, neither Party bears responsibility for safeguarding information that is publicly available, already in its possession and not subject to a confidentiality obligation, obtained by the other party’s Party from third parties without restrictions on disclosure, independently developed by a Party without reference to Confidential Information. In the event that a party’s Confidential Information is , or required to be disclosed by order of a court or other governmental entity provided that, unless prevented from doing so, each Party provides written notice and cooperation to the other party pursuant to law, regulation or valid court order, Party such that the other party shall be permitted to make such disclosure; provided, however, that (i) it shall promptly notify the party of the fact in writing to permit the party the reasonable Party will have an opportunity to appear in any judicial proceeding involved or otherwise to act to preserve its rights; and (ii) such disclosure is no greater than what was required to be compliant with such law, regulation or seek a protective order.