Common use of Subpoena or Order Clause in Contracts

Subpoena or Order. If either party receives service of a subpoena or order or other compulsory instrument issued by or under the authority of a court of competent jurisdiction or by a governmental agency that requests all or any part of the Confidential Information, that party shall: (a) provide the other party with prompt written notice of the existence, terms, and circumstances surrounding such request or requirement; (b) consult with the other party on the advisability of taking steps to resist or narrow that request; (c) if disclosure of Confidential Information is required, furnish only such portion of the Confidential Information as the party is advised in writing by its counsel is legally required to be disclosed; and (d) cooperate with the other party in its efforts to obtain an order excusing the Confidential Information from disclosure, or an order or other reliable assurance that confidential treatment will be accorded to that portion of the Confidential Information that is required to be disclosed.

Appears in 3 contracts

Samples: Customer Acquisition and Resale Agreement (pdvWireless, Inc.), Memorandum of Understanding (pdvWireless, Inc.), Customer Acquisition, Resale and Licensing Agreement (pdvWireless, Inc.)

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Subpoena or Order. If either party the Receiving Party receives service of a subpoena or order subpoena, order, or other compulsory instrument issued by or under the authority of a court of competent jurisdiction or by a governmental agency that requests all or any part of the Confidential Information, that party the Receiving Party shall: (ai) provide the other party Disclosing Party with prompt written notice of the existence, terms, and circumstances surrounding such request or requirementthe request; (bii) consult with the other party Disclosing Party on the advisability of taking steps to resist or narrow that request; (ciii) if disclosure of Confidential Information is required, furnish only such that portion of the Confidential Information as the party Receiving Party is advised in writing by its counsel is legally required to be disclosed; and (div) cooperate with the other party Disclosing Party in its the Disclosing Party’s efforts to obtain an order excusing disclosure of the Confidential Information from disclosureInformation, or an order or other reliable assurance that of confidential treatment will be accorded to that portion of the Confidential Information that is required to be disclosedtreatment.

Appears in 1 contract

Samples: Referral Partner Agreement

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