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.
Appears in 4 contracts
Samples: License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp)