21.4.1  Confidentiality

Each Party shall hold in strict confidence from any other person all documents and information concerning any other Party or any of its Affiliates furnished to it or its advisors, consultants, contractors, or agents by the other Party in connection with this Agreement or the transactions contemplated hereby ("Confidential Information"), unless the information or that Party is:

(a)  Required to disclose any such information by judicial or administrative process (including in connection with obtaining from Government Authorities the necessary approvals of this Agreement and the transactions contemplated by it) or by other Legal Requirements including the obligation to submit or publish the Agreement or any of the reports contemplated in Section 9;

(b)  Disclosed to persons providing or proposing to provide financing to Seller; or

(c)  Disclosed in an action or proceeding brought by either Party in pursuit of its rights or in the exercise of its remedies under the Agreement.

Notwithstanding the foregoing, this Section 21.4.1 shall not apply to such documents or information that were (i) previously known by the Party receiving such documents or information, (ii) in the public domain (either prior to or after the furnishing of such documents or information hereunder) through no fault of such receiving Party, or (iii) later acquired by such receiving Party from another source so long as such receiving Party is not aware that such source is under an obligation to the other Party to keep such documents and information confidential.