1. Confidentiality and Security : Here “Confidential information” means all written, oral or other information concerning the Disclosing Party, its business or any of its affiliates, whether prepared by disclosing party, its advisor, contractors, or otherwise, which has been or shall be disclosed by or on behalf of disclosing party or its Affiliates to the receiving party or its affiliates in the course of its discussion with the disclosing party. Confidential information include but not limited to technical, scientific, business, financial and other information, data, materials and the like relating to drug applications, patent applications, products and proposed products, know how, processes, proposed processes, formulations, manufacturing technology.
2. Notice of legal Process: In the event that the receiving party is requested or required to disclose any confidential information, the receiving party shall provide the disclosing party with prompt notice with of any such request or requirement. Should the receiving party be compelled by such legal process to disclose Confidential information, the receiving party may disclose only that portion of the confidential information which it is compelled to disclose.
3. Remedies: The receiving party hereby agrees that in the event of breach of this agreement by the receiving party or its affiliates, the disclosing party will be irreparably damaged, which damages would be impossible or difficult to measure. Consequently, the parties hereby agree that in addition to any other remedy to which the Disclosing Party may be entitled by law or equity, the Disclosing party shall be entitled to seek an injunction to prevent a breach of this agreement and an order compelling specific performance of this Agreement.
4. Governing Law: This Agreement shall be governed by and constructed in accordance with the laws of India as determined by the Disclosing party, without regard to the conflict of law’s provision thereof. No amendment to this Agreement shall be binding upon any party hereto unless in writing and signed by the party to be charged. Any provision of this Agreement which is illegal, invalid prohibited or unenforceable shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating or impairing the remaining the remaining provision thereof.
5. No Third Party Beneficiaries: No provision of this Agreement shall be interpreted to create any third party beneficiaries rights of any kind, and all provisions shall be personal, solely between the parties hereto.