Common use of Confidential Information Exclusions Clause in Contracts

Confidential Information Exclusions. Notwithstanding the provisions of Section 6.0, the obligation of confidentiality shall not apply to information that the receiving Party can demonstrate: (a) is now in the public domain or which becomes generally available to the public through no fault of the receiving Party; or (b) is already known to, or in the possession of, the receiving Party prior to disclosure by the disclosing party as can be demonstrated by documentary evidence; or (c) is disclosed on a non-confidential basis from a Third Party having the right to make such a disclosure; or (d) is independently developed by the receiving Party (without the use of any Confidential Information) as can be demonstrated by competent documentary evidence.