Page 381 - Law and the Media

Law and the Media
6. EXCEPTIONS
The Recipient shall not be liable for disclosure of any Confidential Information if such
Confidential Information:
(a) is now or hereafter comes into the public domain without breach of this Agreement
and through no fault of the Recipient, or
(b) was known to the Recipient prior to the effective date of this Agreement, and the
Recipient can prove this from its written records, or
(c) was received from a third party legally entitled to disclose such Confidential
Information, or
(d) was disclosed by the Recipient with the prior written approval of the Discloser.

7. LIABILITY
If the Recipient breaches this Agreement, the Discloser may at its option elect to institute
proceedings in court to obtain damages and/or to obtain injunctive relief and/or to enforce
specific performance of this Agreement. Such remedies shall not be deemed to be the
exclusive remedies for a breach of this Confidentiality Agreement but shall be in addition
to all other remedies available at law or equity.

8. MISCELLANEOUS
8.1 This Agreement contains the entire understanding relative to the protection of the
Confidential Information covered by this Agreement and supersedes all prior and
collateral communications, reports and understandings, if any, between the Parties
regarding such Confidential Information.
8.2 No amendment, modification, waiver, change or addition hereto shall be effective or
binding on either party unless the same is in writing and signed by both Parties.
8.3 Each party agrees that no failure or delay by the other party to this Agreement in
exercising any right, power or privilege hereunder shall operate as a waiver hereof
nor shall any single or partial exercise thereof preclude any other or further exercise
of any right, power or privilege hereunder.
8.4 No waiver or modification of this Agreement will be binding upon either party unless
made in writing and signed by a duly authorized representative of the Parties.
8.5 This Agreement shall be governed by and construed in accordance with English law.
The Parties expressly waive any right to any forum to which they may otherwise be
entitled and submit to the jurisdiction of the Courts of England for the settlement of
any claim or matter arising under this Agreement.

SIGNED by ) SIGNED by )

duly authorized to sign ) duly authorized to sign )
for and on behalf of ) for and on behalf of )
[Company Name] ) [Entity Name] )

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