Common use of WARRANTIES AND LIMITATIONS ON LIABILITY Clause in Contracts

WARRANTIES AND LIMITATIONS ON LIABILITY. a. The disclosing party warrants that it has the right to provide access to, disclose and use, the Confidential Information to be provided hereunder. b. The receiving party shall not be liable to the other parties for: (i) Inadvertent use, publication, or dissemination of the Confidential Information received hereunder provided that: (a) it uses the same degree of care in safeguarding such information as it uses for its own information of like importance; and (b) upon discovery of such, it shall take appropriate steps to prevent any further inadvertent use, publication, or dissemination; and/or (ii) Unauthorized use, publication or dissemination of the Confidential Information received hereunder by persons who are or have been in its employ, unless it fails to safeguard such information with the same degree of care as it uses for its own proprietary information of like importance and provided that the receiving party uses such Confidential Information in accordance with applicable laws. c. Any similarity between the Confidential Information and any other information, regardless of medium, whether verbal or written, as well as contracts and/or services acquired from third parties or developed by the receiving party, or Affiliates independently through its or their own efforts, thought, labor and ingenuity shall not constitute any violation of this Agreement and shall not subject the receiving party to any liability whatsoever. d. The receiving party shall use the Confidential Information solely for purposes contemplated by this Agreement and shall not disclose the Confidential Information except as expressly provided herein. e. In the event the receiving party receives a request to disclose all or any part of the Confidential Information under the terms of a valid subpoena or order issued by a court of competent jurisdiction or by a governmental body, the receiving party agrees to: (i) notify the disclosing party promptly of such request; and (ii) provide the disclosing party with reasonable assistance in obtaining an order or other reliable assurances that confidential treatment will be accorded to such portion of the Confidential Information that the disclosing party so designates. f. The receiving party understands that neither the disclosing party nor any of its representatives or designees have made or make any representation or warranty as to the accuracy or completeness of the Confidential Information.