Nothing contained in Section 11 Clause Samples

Nothing contained in Section 11. 8(a) shall limit the right of the Buyer or the Seller to take any Action against the other Party in any court of competent jurisdiction for the purposes of seeking any equitable remedy or relief, including injunctions, rescission or specific performance, nor shall the taking of any such Action by the Buyer or the Seller in one or more jurisdictions preclude the taking of any such Action in any other jurisdiction (whether concurrently or not) if and to the extent permitted by Law.

Nothing contained in Section 11. 1(a) will prevent a Receiving Party or any of its Affiliates and Representatives from disclosing (and in the case of clauses (v), (vi) and (vii), below, using) Confidential Information of the Disclosing Party: (i) upon the order of any court or administrative agency; (ii) upon the request or demand of any regulatory agency or authority having jurisdiction over such Party or, in the case of Customer, otherwise reasonably necessary to seek Regulatory Approval for Customer Products in the Licensed Field; (iii) to the extent compelled by legal process; (iv) to such Receiving Party’s Affiliates and its and their Representatives, who, in the reasonable judgment of such Receiving Party, have a need to know such information for purposes of assisting the Receiving Party in performing its obligations or exercising its rights hereunder, and are under binding (whether fiduciary, statutory or otherwise) obligations to maintain its confidentiality which are at least as stringent as those set forth herein (but of duration customary in confidentiality agreements entered into for a similar purpose); (v) to such Receiving Party’s bona fide actual or prospective acquirers, underwriters, investors, lenders or other financing sources, subcontractors, collaborators, licensors, sublicensees, licensees, or strategic partners, and to employees, directors, agents, consultants, and advisers of any such Third Parties, who, in the reasonable judgment of such Receiving Party, have a need to know such information for purposes of assisting the Receiving Party in performing its obligations or exercising its rights hereunder, and are under binding (whether fiduciary, statutory or otherwise) obligations to maintain its confidentiality which are at least as stringent as those set forth herein (but of duration customary in confidentiality agreements entered into for a similar purpose); (vi) to exercise such Receiving Party’s rights and licenses granted under this TSA; and (vii) to perform such Receiving Party’s obligations to the Disclosing Party or its Affiliates under this TSA; provided, however, that in the case of clause (i), (ii) and (iii), if legally permitted, such Receiving Party will notify the Disclosing Party of the proposed disclosure as far in advance of such disclosure as practicable and use reasonable efforts to ensure that any Confidential Information of the Disclosing Party so disclosed is accorded confidential treatment reasonably satisfactory to the Disclosing Party, when a...

Nothing contained in Section 11. 3(a) shall limit the rights of either Party to take any legal action against the other Party in any court of competent jurisdiction for the purposes of seeking any equitable remedy or relief to the extent a judgment in such jurisdiction is necessary to enforce the terms of this Agreement in such jurisdiction, including injunctions, rescission or specific performance, nor shall the taking of any such legal action in one or more jurisdictions preclude the taking of any such legal action in any other jurisdiction (whether concurrently or not) if and to the extent permitted by Law.

Nothing contained in Section 11. 01(a) shall prohibit or restrict activities or businesses of Seller or any of its subsidiaries with respect to Excluded Assets nor with respect to any restructuring or sale of Excluded Assets.