Common use of Notice Prior to Disclosure Clause in Contracts

Notice Prior to Disclosure. If the receiving Party, sublicensees or any of -------------------------- its Affiliates becomes legally required to disclose any Confidential Information, the receiving Party shall give the other Party to this Agreement prompt notice of such fact so that such Party may obtain a protective order or other appropriate remedy concerning any such disclosure and/or waive compliance with the non-disclosure provisions of this Agreement. The receiving Party and its Affiliates will fully cooperate with the other Party to this Agreement [*] Confidential treatment requested in connection with such Party's efforts to obtain any such order or other remedy. If any such order or other remedy does not fully preclude disclosure or the other Party to this Agreement waives such compliance, the receiving Party and its affiliates will make such disclosure only to the extent that such disclosure is legally required and will use its best efforts to have confidential treatment accorded to the disclosed Confidential Information. Notwithstanding the foregoing provisions, ATUGEN will be free to disclose the terms of this Agreement to a third party, including ATUGEN's Collaborators and potential investors, under confidentiality with such third parties.

Notice Prior to Disclosure. If the receiving Party, sublicensees or any of its -------------------------- its sublicensees or Affiliates becomes legally required to disclose any Confidential Information, the receiving Party shall give the other Party to this Agreement prompt notice of such fact so that such Party may obtain a protective order or other appropriate remedy concerning any such disclosure and/or waive compliance with the non-disclosure provisions of this Agreement. The receiving Party and its Affiliates will fully cooperate with the other Party to this Agreement [*] Confidential treatment requested in connection with such Party's efforts to obtain any such order or other remedy. If any such order or other remedy does not fully preclude disclosure [*] Confidential treatment requested or the other Party to this Agreement waives such compliance, the receiving Party and its affiliates Affiliates will make such disclosure only to the extent that such disclosure is legally required and will use its best efforts to have confidential treatment accorded to the disclosed Confidential Information. Notwithstanding the foregoing provisions, ATUGEN will be free to disclose the terms of this Agreement to a third party, including ATUGEN's Collaborators and potential investors, under confidentiality with such third parties.