Extract to table

Any such disclosures must fall within the "Representatives" carve-out to be permissible under the NDA

(ii) The receiving party must direct its Representatives to treat the Confidential Information in accordance with the terms of the NDA

The NDA permits a receiving party to disclose Confidential Information if such disclosure is required by applicable law, rule, or regulation (including, without limitation, securities laws and regulations), legal process (including subpoenas or civil investigative demands), or governmental, regulatory, or self-regulatory order, request, or directive, subject to the following conditions: (i) The receiving party must provide prompt written notice to the disclosing party of any such requirement, to the extent legally permissible, so that the disclosing party may seek a protective order, confidential treatment, or other appropriate remedy; (ii) The receiving party must cooperate reasonably with the disclosing party, at the disclosing party's sole cost and expense, in seeking such protective order or other appropriate remedy; (iii) If no protective order or other remedy is obtained, the receiving party may disclose only that portion of the Confidential Information that is legally required to be disclosed, and the receiving party must use commercially reasonable efforts to obtain assurances that confidential treatment will be accorded to any Confidential Information so disclosed

The NDA specifies that destruction of electronic Confidential Information must be accomplished through commercially reasonable means of permanent deletion or overwriting, and that the destruction of hard-copy Confidential Information must be accomplished through shredding, incineration, or other means that render the information permanently unreadable and irrecoverable

The NDA further provides that the sole representations and warranties upon which Solara may rely shall be those set forth in any definitive agreement, and then only to the extent, and subject to the limitations, contained therein

If any provision of the NDA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby