5. Compelled Disclosure of Confidential Information
Notwithstanding anything in the foregoing to the contrary, the Receiving Party or any of its Authorized Persons may disclose all or any part of the Confidential Information pursuant to Clause 3 (d) to any governmental, judicial, or administrative authority, provided that the Receiving Party promptly notifies, to the extent practicable, the Disclosing Party in writing of such demand for disclosure so that the Disclosing Party, at its sole expense, may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information, and the Receiving Party agrees that it shall fully cooperate with best efforts to any such request for a protective order or other appropriate remedy. In the event that such protective order or appropriate remedy is not obtained, or that the Disclosing Party waives compliance with the provisions of this Agreement:
(a) the Receiving Party or its Authorized Persons, as the case may be, may disclose to any governmental, judicial, or administrative authority only that portion of the Confidential Information which it is advised by independent legal counsel in writing is legally required to be disclosed and shall use its best efforts to obtain assurance that confidential treatment will be accorded to such Confidential Information; and
(b) the Receiving Party shall not be liable for such disclosure unless such disclosure to such governmental, judicial, or administrative authority was caused by, or resulted from, a previous disclosure by the Receiving Party or any of its Authorized Persons not permitted by this Agreement.
6. Destruction or Return of Confidential Information
Without prejudice to the provisions of Clause 7 (Period of Confidentiality), upon expiry of the Disclosure Period (as defined in Clause 7 (Period of Confidentiality)) or upon the request of the Disclosing Party, the Receiving Party shall promptly (and in any event within 10 (ten) days from the date of such expiry of the Disclosure Period or receipt of the Disclosing Party’s request (as the case may be)):
(a) return to the Disclosing Party or destroy or procure the return to the Disclosing Party or destruction of all Confidential Information (including all copies of it, including copies that have been converted to computerized data or media in whatsoever forms, collectively referred to as the “Copies”) in the Receiving Party or its Authorized Persons’ control;
(b) delete or procure the deletion of all Confidential Information and all Copies from any computer or other device in the Receiving Party and/or its Authorized Persons' possession or control; and
(c) confirm or certify in writing by the Receiving Party’s Authorized Person to the Disclosing Party that the Receiving Party has complied with the provisions of paragraphs 6 (a) and 6 (b) above.