Common use of Obligations of Confidentiality and Non-Use Clause in Contracts

Obligations of Confidentiality and Non-Use. (a) During the term and at all times thereafter, neither Distributor nor OSUR shall disclose any of the other party's Confidential Information. The foregoing shall not prohibit disclosures: (i) made to such party's employees, agents or advisors who have a "need to know" the other party's Confidential Information to the extent necessary to perform such party's duties and obligations, or to enforce such party's rights, under this Agreement; or (ii) compelled to be made by any requirement of law or pursuant to any legal or investigative proceeding before any court, or governmental or regulatory authority, agency or commission so long as the party so compelled to make disclosure of Confidential Information pertaining to the other party provides prior written notice to such other party and uses its commercially reasonable efforts to cooperate with such other party to obtain a protective order or other similar determination with respect to such Confidential Information.

Obligations of Confidentiality and Non-Use. (a) During the term Term and at all times thereafter, neither Distributor nor OSUR shall disclose any of the other party's ’s Confidential Information. The foregoing shall not prohibit disclosures: (i) made to such party's ’s employees, agents or advisors who have a "“need to know" ” the other party's ’s Confidential Information to the extent necessary to perform such party's ’s duties and obligations, or to enforce such party's ’s rights, under this Agreement; or (ii) compelled to be made by any requirement of law or pursuant to any legal or investigative proceeding before any court, or governmental or regulatory authority, agency or commission so long as the party so compelled to make disclosure of Confidential Information pertaining to the other party provides prior written notice (to the extent possible under applicable law) to such other party and uses its commercially reasonable efforts to cooperate with such other party to obtain a protective order or other similar determination with respect to such Confidential Information.

Obligations of Confidentiality and Non-Use. (a) During the term Term and at all times thereafter, neither Distributor nor OSUR shall disclose any of the other party's ’s Confidential Information. The foregoing shall not prohibit disclosures: (i) made to such party's ’s employees, agents or advisors who have a "“need to know" ” the other party's ’s Confidential Information to the extent necessary to perform such party's ’s duties and obligations, or to enforce such party's ’s rights, under this Agreement; or (ii) compelled to be made by any requirement of law or pursuant to any legal or investigative proceeding before any court, or governmental or regulatory authority, agency or commission so long as the party so compelled to make disclosure of Confidential Information pertaining to the other party provides prior written notice to such other party and uses its commercially reasonable efforts to cooperate with such other party to obtain a protective order or other similar determination with respect to such Confidential Information.