Extract to table

The burden of establishing the applicability of any of the foregoing exclusions shall rest with the Party claiming such exclusion

Notwithstanding the foregoing exclusions, Derivative Materials shall in all circumstances constitute Confidential Information subject to the terms and conditions of this Agreement

Each Receiving Party agrees that the Confidential Information of the Disclosing Party shall be used solely for the purpose of the Evaluation and for no other purpose whatsoever

Without limiting the foregoing, no Receiving Party shall use any Confidential Information of the Disclosing Party for competitive purposes or for the benefit of any person other than the Disclosing Party

1, a Receiving Party may disclose Confidential Information to its Representatives, subject to the following conditions: (a) Such Representatives have a bona fide need to know such Confidential Information for the purposes of the Evaluation; (b) Such Representatives have been informed of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement, and have agreed to be bound by the terms of this Agreement as if they were parties hereto, or are otherwise bound by professional obligations of confidentiality at least as protective as the terms of this Agreement; and (c) The Receiving Party shall be responsible for any breach or violation of this Agreement by any of its Representatives, and agrees that any such breach or violation by a Representative shall be deemed a breach by the Receiving Party itself

In addition to the foregoing, the following specific disclosures shall be permitted: (d) Disclosure to Potential Financing Sources