was public at the time it was used or disclosed,
• subsequently has become public, other than by the Company or its employees breaching this Agreement,
• is supplied to the Company or its employees by a third party, who lawfully possessed such information and who was entitled to make the information public,
• was known by the Company or its employees (as substantiated through written material) before such information was received in connection with the Collaboration,
• is required to be disclosed by law, applicable accounting or stock exchange regulation or as a consequence of decisions made by government or a competent court of law, or
• it is required that the Confidential Information is disclosed in connection with a court case, arbitration or other similar legal action regarding the Collaboration and/or this Agreement. If the Company or its employees are under a legal obligation to disclose any part of the Confidential Information, PANDORA shall be notified immediately and prior to disclosure of the information, in order for PANDORA to possibly apply for a restraining injunction to be issued or to take other relevant legal action.
1.7 IF THE COMPANY BREACHES THE AGREEMENT, THE COMPANY SHALL BE OBLIGED TO PAY AN AGREED PENALTY OF US$ 175,000 (ONE HUNDRED SEVENTY FIVE THOUSAND UNITED STATES DOLLARS) / THB 5,000,000 (FIVE MILLION THAI BAHT) EACH TIME THE AGREEMENT IS BREACHED. IF THE BREACH IS DUE TO THE COMPANY MAINTAINING A SITUATION THAT VIOLATES THE AGREEMENT, EACH MONTH OR FRACTION OF A MONTH, WHERE THE AGREEMENT IS BREACHED, SHALL BE CONSIDERED AS A SEPARATE BREACH AND SHALL OBLIGE THE COMPANY TO PAY THE AGREED PENALTY. PAYMENT OF THE AGREED PENALTY DOES NOT TERMINATE THE AGREEMENT. IF PANDORA’S LOSS EXCEEDS THE AGREED PENALTY, THE COMPANY SHALL BE OBLIGED TO COMPENSATE THE LOSS. ADDITIONALLY, PANDORA SHALL BE ENTITLED TO USE ANY OTHER REMEDY FOR BREACH, INCLUDING BUT NOT LIMITED TO RESTRAINING INJUNCTIONS WITHOUT SECURITY.