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<br />defenses to any petition filed by BMRI in a court of competent jurisdiction requesting such <br />temporary restraining order and/or preliminary injunction, as the case may be. Nothing <br />herein shall be construed as prohibiting BMRI from pursuing any of the remedies available <br />to it for such breach or threatened breach, including the recovery of damages from <br />Consultant. Consultant shall use its best efforts to prevent disclosure of any information <br />furnished to it by BMRI or BMRI work product unless authorized by BMRI to so disclose <br />such information. Consultant shall only disclose information furnished to by BMRI and/or <br />BMRI work product to employees and others who need it in connection with Ithe Work, and <br />who are bound by the secrecy and use obligations of this Article, except ih the event of <br />receipt of a subpoena, or other court order or other governmental directive, in which case, <br />Consultant agrees to notify BMRI immediately and cooperate with BMRI in responding to <br />such a request. This paragraph shall not apply to information that: <br />(a) the Consultant is required to provide to the DMG for the purposes of the <br />Notice of Violation and Order, dated May 28, 1992, issued by the CMLRB to <br />BMRI, in which case the Consultant is authorized to provide su~Ch information <br />solely to the DMG; <br />(b) the Consultant is required to provide to the DMG in accordance with the <br />MOU, in which case the Consultant is authorized to provide su~Ch information <br />solely to the DMG; <br />-24- <br />