Where one Party is required to pay Costs to the other Party under this Agreement (including by way of indemnification) such Costs shall exclude any Consequential Loss excluded pursuant to Clause 12.4.1.
Where one Party has agreed to forbear to perform its functions in any particular matter, it may so inform any relevant third parties as it sees fit.
Where one Party discloses Confidential Information of the other Party to its employee, consultant, subcontractor, supplier, customer, agent, professional adviser or insurer, it shall do so subject to obligations equivalent to those set out in this Clause 6. Each Party shall use its reasonable endeavours to ensure that any such employee, consultant, subcontractor, supplier, customer, agent, professional adviser or insurer complies with such obligations.
Where one Party is passing CPN but the other party is not properly receiving information, the Parties will cooperate to rate the traffic correctly.
Where one Party has received information from the other, it may use the information for purposes set out in requests for information or otherwise agreed, but will notify the other before passing the information to a third party unless the sending Party has placed additional restrictions.
Where one Party. (the Assisting Party) has participated in investigations or proceedings resulting in a forfeiture or the payment of funds equivalent to a forfeiture in the jurisdiction of the other Party (the Assisted Party), the Assisted Party may, consistent with its domestic laws, share with the Assisting Party the net proceeds realised.
Where one Party requests the assistance of the other Party in responding to a request from law enforcement authorities, the Parties shall cooperate in responding to such request to the extent permitted by Applicable Law.
Where one Party. (the Party in default) has received notification from the other Party (the Party not in default) pursuant to Article 12.1 of this Agreement and notwithstanding that the Party in default has remedied such breach or has performed said obligation, in the event at any time thereafter that such Party in default is found by the Party not in default to have breached or to have failed to perform in respect of the same provision(s) of this Agreement under which notification was first provided pursuant to Article 12.1, the Party not in default will have the right at its sole discretion to terminate this Agreement, in whole or in part, as specified in Article 12.7.
Where one Party has given instructions to terminate Escrow and the other has failed to give any instructions, Escrow Agent shall comply with instructions given by the first Party if the second Party has not given Escrow Agent instructions within five Business Days after Escrow Agent’s notice of such failure.
Where one Party receives a Subject Access Request under the UK GDPR in regard to work under this MoU, that Party shall coordinate its response with the other Party.