Each Party will treat and hold as confidential all of the confidential information of the other Party and the Business, refrain from using any of such confidential information except in connection with this Agreement, and deliver promptly to the other Party or destroy, at the request and option of the other Party, all tangible embodiments (and all copies) of such confidential information that are in such Party’s possession. If either Party is requested or required (by oral question or request for information or documents in any Proceeding) to disclose any such confidential information, the disclosing Party will notify the other Party promptly of the request or requirement so that the other Party may seek an appropriate protective Order. If, in the absence of a protective Order, the disclosing Party determines, on the advice of counsel, that it is compelled to disclose any such confidential information to any Governmental Authority, arbitrator, or mediator or else stand liable for contempt, the disclosing Party may disclose such confidential information to the Governmental Authority, arbitrator, or mediator; provided, however, that the disclosing Party shall use its Commercially Reasonable Efforts to obtain, at the reasonable request of the other Party and at no expense to the disclosing Party, an Order or other assurance that confidential treatment will be accorded to such portion of the confidential information required to be disclosed as the other Party shall designate.