Common use of Circumstances When Not Obligated to Keep Information Confidential Clause in Contracts

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 6; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner or which has been disclosed under an express statement from Brand Owner that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use Agreement or the implementation of this Past Use Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 9.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use License Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 69; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner Licensee or which has been disclosed under an express statement from Brand Owner Licensee or a Licensee Affiliate that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use License Agreement or the implementation of this Past Use License Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner the disclosing party and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 9.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use License Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 69; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner Licensee or which has been disclosed under an express statement from Brand Owner Licensee or a Licensee Affiliate that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s 's rights under this Past Use License Agreement or the implementation of this Past Use License Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner the disclosing party and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 6; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner or which has been disclosed under an express statement from Brand Owner that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use Agreement or the implementation of this Past Use Agreement; or (d) is information already known to Licensing Company before its receipt from the Brand Owner and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 11.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use License Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 611; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner Licensee or which has been disclosed under an express statement from Brand Owner Licensee or a Licensee Affiliate that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use License Agreement or the implementation of this Past Use License Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner the disclosing party and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 6; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner Reseller or which has been disclosed under an express statement from Brand Owner Reseller that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use Agreement or the implementation of this Past Use Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner Reseller and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 11.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information:: Reference Copy (a) has, after the date of this Past Use License Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 611; (b) has been made available to Licensing Company by a third party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner Licensee or which has been disclosed under an express statement from Brand Owner Licensee or a Licensee Affiliate that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use License Agreement or the implementation of this Past Use License Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner the disclosing party and such information was not protected by confidentiality protections.

Circumstances When Not Obligated to Keep Information Confidential. The obligations of Licensing Company in Section 6.1 shall not apply to the extent that the Licensing Company can prove, by written evidence, that such information: (a) has, after the date of this Past Use Agreement, been published or otherwise generally made available to the public, except in consequence of a willful or negligent act or omission by Licensing Company in breach of its confidentiality obligations under this Section 6; (b) has been made available to Licensing Company by a third third-party who is entitled to divulge such information and who is not under any obligation of confidentiality in respect of such information to Brand Owner or which has been disclosed under an express statement from Brand Owner that it is not confidential; (c) has been independently developed by Licensing Company other than in the course of the exercise of Licensing Company’s rights under this Past Use Agreement or the implementation of this Past Use Agreement; or (d) is information already known to Licensing Company before its receipt from Brand Owner and such information was not protected by confidentiality protections.