Common use of Order of Disclosure Clause in Contracts

Order of Disclosure. If a Governmental Authority with the right, power, and apparent authority to do so requests or requires a Construction Party, by subpoena, oral deposition, interrogatories, requests for production of documents, administrative order, or otherwise, to disclose Confidential Information, that Construction Party shall provide the Construction Party that provided the information with prompt prior notice of such request(s) or requirement(s) so that the providing Construction Party may seek an appropriate protective order, or waive compliance with the terms of this Interconnection Construction Service Agreement. Notwithstanding the absence of a protective order, or agreement, or waiver, the Construction Party subjected to the request or order may disclose such Confidential Information which, in the opinion of its counsel, the Construction Party is legally compelled to disclose. Each Construction Party shall use Reasonable Efforts to obtain reliable assurance that confidential treatment will be accorded any Confidential Information so furnished.