HEREBY WAIVES ANY AND ALL RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NECESSARY TO PERMIT SUBTENANT TO EXERCISE ITS RIGHTS TO REMOVE
THE FREEZERS SET FORTH IN THIS SECTION 30(B).
31.
BANKRUPTCY PROVISIONS.
SUBLANDLORD SHALL IMMEDIATELY NOTIFY
SUBTENANT IN THE EVENT THAT SUBLANDLORD FILES FOR BANKRUPTCY, AND SUBLANDLORD
HEREBY AUTHORIZES SUBTENANT TO FILE PLEADINGS IN ANY SUCH BANKRUPTCY ON BEHALF
OF SUBTENANT.
32.
CONFIDENTIAL INFORMATION. SUBLANDLORD AND SUBTENANT ACKNOWLEDGE
AND AGREE THAT DURING THE COURSE OF THIS SUBLEASE EACH PARTY MAY DISCLOSE TO THE
OTHER, INTENTIONALLY OR UNINTENTIONALLY, BY ACT OR OMISSION, CERTAIN
CONFIDENTIAL, TECHNICAL AND BUSINESS INFORMATION WHICH THE DISCLOSING PARTY
DESIRES THE RECEIVING PARTY TO TREAT AS "CONFIDENTIAL INFORMATION", AS DEFINED
BELOW, AND THAT BOTH SUBLANDLORD AND SUBTENANT MAY BE A DISCLOSING PARTY OR A
RECEIVING PARTY OF SUCH CONFIDENTIAL INFORMATION, AS DEFINED BELOW.
AS USED
HEREIN, THE TERM "CONFIDENTIAL INFORMATION" SHALL MEAN ANY INFORMATION DISCLOSED
PREVIOUSLY OR IN THE FUTURE BY EITHER PARTY TO
THE OTHER PARTY, EITHER DIRECTLY OR INDIRECTLY, IN WRITING, ORALLY OR BY
INSPECTION OF TANGIBLE OBJECTS (INCLUDING WITHOUT LIMITATION DOCUMENTS,
PROTOTYPES, SAMPLES, PLANS AND EQUIPMENT), WHICH IS DESIGNATED, ORALLY OR IN
WRITING, AS "CONFIDENTIAL," "PROPRIETARY" OR SOME SIMILAR DESIGNATION.
CONFIDENTIAL INFORMATION MAY ALSO INCLUDE INFORMATION DISCLOSED TO A DISCLOSING
PARTY BY THIRD PARTIES.
CONFIDENTIAL INFORMATION SHALL NOT, HOWEVER, INCLUDE
ANY INFORMATION WHICH (A) AT THE TIME OF DISCLOSURE IS, OR THEREAFTER BECOMES,
THROUGH NO ACT OR FAILURE TO ACT ON THE RECEIVING PARTY'S PART, PUBLISHED
INFORMATION GENERALLY KNOWN ON A NON-CONFIDENTIAL BASIS IN THE PARTIES'
INDUSTRY; (B) BECOMES PUBLICLY KNOWN AND MADE GENERALLY AVAILABLE AFTER
DISCLOSURE BY THE DISCLOSING PARTY TO THE RECEIVING PARTY THROUGH NO ACTION OR
INACTION OF THE RECEIVING PARTY; (C) CORRESPONDS IN SUBSTANCE TO THAT DEVELOPED
BY THE RECEIVING PARTY AND IS ALREADY IN THE POSSESSION OF THE RECEIVING PARTY
PRIOR TO THE TIME OF DISCLOSURE BY THE DISCLOSING PARTY AS SHOWN BY THE
RECEIVING PARTY'S FILES AND RECORDS; (D) CORRESPONDS IN SUBSTANCE TO INFORMATION
THAT IS OBTAINED BY THE RECEIVING PARTY FROM A THIRD PARTY WITHOUT A BREACH OF
SUCH THIRD PARTY'S OBLIGATIONS OF CONFIDENTIALITY; (E) IS INDEPENDENTLY
DEVELOPED BY THE RECEIVING PARTY WITHOUT USE OF OR REFERENCE TO THE DISCLOSING
PARTY'S CONFIDENTIAL INFORMATION, AS SHOWN BY DOCUMENTS AND OTHER COMPETENT
EVIDENCE IN THE RECEIVING PARTY'S POSSESSION; OR (F) IS REQUIRED BY LAW, COURT
ORDER OR OTHER GOVERNMENTAL ORDER OR REQUEST TO BE DISCLOSED BY THE RECEIVING
PARTY, PROVIDED THAT THE RECEIVING PARTY GIVES THE DISCLOSING PARTY PROMPT
WRITTEN NOTICE OF SUCH REQUIREMENT PRIOR TO SUCH DISCLOSURE AND REASONABLE
ASSISTANCE IN OBTAINING AN ORDER PROTECTING THE INFORMATION FROM PUBLIC
DISCLOSURE, AND USES ALL REASONABLE EFFORTS TO LIMIT THE DISCLOSURE AND MAINTAIN
THE CONFIDENTIALITY OF THE INFORMATION TO THE EXTENT POSSIBLE.
33.
NON-USE AND NON-DISCLOSURE.
EACH PARTY AGREES NOT TO USE ANY
CONFIDENTIAL INFORMATION OF THE OTHER PARTY FOR ANY PURPOSE WHATSOEVER EXCEPT AS
CONTEMPLATED BY THIS SUBLEASE.
EACH PARTY AGREES NOT TO DISCLOSE ANY
CONFIDENTIAL INFORMATION OF THE OTHER PARTY TO THIRD PARTIES OR TO