Common use of Notice Preceding Compelled Disclosure Clause in Contracts

Notice Preceding Compelled Disclosure. If Receiving Party or its Representatives are requested or required (by oral question, interrogatories, requests for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information, Receiving Party shall promptly notify Disclosing Party of such request or requirement so that Disclosing Party may seek an appropriate protective order. To the fullest extent permitted by law, Receiving Party agrees to cooperate with Disclosing Party to obtain an appropriate protective order. If, in the absence of a protective order or the receipt of a written waiver by the Disclosing Party, Receiving Party or its Representatives are compelled by a subpoena or by an order of a court of competent jurisdiction to disclose any portion of the Confidential Information or else stand liable for contempt or suffer other censure or penalty, Receiving Party and its Representatives may disclose only such portion(s) of the Confidential Information to the party compelling disclosure as is required by such subpoena or order and, in connection with such compelled disclosure, Receiving Party and its Representatives shall use their reasonable efforts to obtain from the party to whom disclosure is made written assurance that confidential treatment will be accorded to such portion(s) of the Confidential Information as is disclosed.

Appears in 4 contracts

Samples: Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement

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Notice Preceding Compelled Disclosure. If the Receiving Party or any of its Representatives are is requested or required (by oral questionrequired, interrogatoriesin its counsel's reasonable opinion, requests for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information, the Receiving Party or such Representative shall promptly notify Disclosing Party the Company of such request or requirement so that Disclosing Party the Company may seek an appropriate protective order. To the fullest extent permitted by law, Receiving Party agrees to cooperate order or waive compliance with Disclosing Party to obtain an appropriate protective orderthis Agreement. If, in the absence of a protective order or the receipt of a written waiver by hereunder, the Disclosing Party, Receiving Party or any of its Representatives are compelled by a subpoena is, in the reasonable opinion of legal counsel for the Receiving Party (or by an order of a court of competent jurisdiction such Representative), legally required to disclose any portion of the Confidential Information or else stand liable for contempt or suffer other censure or penaltyInformation, the Receiving Party and its Representatives may disclose only such portion(s) of the Confidential Information to the party person compelling disclosure as is required by such subpoena or order law and, in connection with such compelled disclosure, the Receiving Party and its Representatives shall use their reasonable efforts to obtain from the party person to whom disclosure is made written assurance that confidential treatment will be accorded to such portion(s) portion of the Confidential Information as is disclosed.

Appears in 1 contract

Samples: Exco Resources Inc

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