Permitted disclosure or use. Clause 8.1 shall not apply if and to the extent that the Party using or disclosing Confidential Information can demonstrate that: (A) such disclosure is required by law or by any supervisory, regulatory or governmental body having jurisdiction over it (including the Stock Exchange, the SFC, the regulatory authorities in the People's Republic of China and Singapore Exchange Securities Trading Limited) and whether or not the requirement has the force of law; or (B) such disclosure is to its professional advisers in relation to the negotiation, entry into or performance of this Agreement or any matter arising out of the same or; or (C) in the case of disclosure or use, the Confidential Information concerned was lawfully in its possession (as evidenced by written records) prior to its being obtained or received as described in clause 8.1(A); or (D) in the case of disclosure or use, the Confidential Information concerned has come into the public domain other than through its fault or the fault of any person to whom such Confidential Information has been disclosed in accordance with clause 8.1(B). Any information to be disclosed pursuant to sub-clause (A) above shall be disclosed only after prior consultation to the extent reasonably practicable with the other Party.
Appears in 2 contracts
Samples: Shareholders' Agreement (China Network Communications Group CORP), Shareholders' Agreement (China Network Communications Group CORP)
Permitted disclosure or use. Clause 8.1 shall not apply if and to the extent that the Party using or disclosing Confidential Information can demonstrate that:
(A) such disclosure is required by law or by any supervisory, regulatory or governmental body having jurisdiction over it (including the Stock Exchange, the SFC, the regulatory authorities in the People's ’s Republic of China and Singapore Exchange Securities Trading Limited) and whether or not the requirement has the force of law; or
(B) such disclosure is to its professional advisers in relation to the negotiation, entry into or performance of this Agreement or any matter arising out of the same or; or
(C) in the case of disclosure or use, the Confidential Information concerned was lawfully in its possession (as evidenced by written records) prior to its being obtained or received as described in clause 8.1(A); or
(D) in the case of disclosure or use, the Confidential Information concerned has come into the public domain other than through its fault or the fault of any person to whom such Confidential Information has been disclosed in accordance with clause 8.1(B). Any information to be disclosed pursuant to sub-clause (A) above shall be disclosed only after prior consultation to the extent reasonably practicable with the other Party.
Appears in 2 contracts
Samples: Shareholders’ Agreement (Pacific Century Group Holdings LTD), Shareholders’ Agreement (Pacific Century Group Holdings LTD)
Permitted disclosure or use. Clause 8.1 shall not apply if and to the extent that the Party using or disclosing Confidential Information can demonstrate that:
(A) such disclosure is required by law or by any supervisory, regulatory or governmental body having jurisdiction over it (including the Stock Exchange, the SFC, the regulatory authorities in the People's Republic of China and Singapore Exchange Securities Trading Limited) and whether or not the requirement has the force of law; or
(B) such disclosure is to its professional advisers in relation to the negotiation, entry into or performance of this Agreement or any matter arising out of the same orsame; or
(C) in the case of disclosure or use, the Confidential Information concerned was lawfully in its possession (as evidenced by written records) prior to its being obtained or received as described in clause 8.1(A); or
(D) in the case of disclosure or use, the Confidential Information concerned has come into the public domain other than through its fault or the fault of any person to whom such Confidential Information has been disclosed in accordance with clause 8.1(B). Any information to be disclosed pursuant to sub-clause (A) above shall be disclosed only after prior consultation to the extent reasonably practicable with the other Party.
Appears in 1 contract
Samples: Shareholders' Agreement (China Network Communications Group CORP)