Becomes Public Clause Samples

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Becomes Public. The disclosing Person demonstrates (i) that the same information is currently publicly available or has become publicly available and (ii) that such public availability does not result from (A) the misappropriation or improper disclosure of such Company Information by the disclosing Person or (B) the obtaining of such Company Information by improper means of the disclosing Person;
Becomes Public. The Company Information is currently publicly available or has become publicly available and such public availability does not result from (1) the misappropriation or improper disclosure of such Company Information by the disclosing Person or (2) the obtaining of such Company Information by improper means of the disclosing Person;
Becomes Public. The disclosing party demonstrates (i) that the same information is currently publicly available or has become publicly available and (ii) that public availability does not result from (A) the misappropriation or improper disclosure of that Confidential Information by the disclosing party or (B) the obtaining of that Confidential Information by improper means of the disclosing party;
Becomes Public. The Recipient demonstrates (A) that the same information is currently publicly available or has become publicly available and (B) that such public availability does not result from (1) the misappropriation or improper disclosure of such Protected Information by the Recipient or (2) the obtaining of such Protected Information by improper means of the Recipient;