Common use of Confidentiality; Exceptions Clause in Contracts

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligations; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give written notice to the other Party and assist the other Party’s reasonable effort to obtain a protective order; or (b) to assist the other Party, at its expense, in establishing its rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 10.1 and 11.2 do 10.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; order or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 5.2 and 11.2 do 5.3 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv( d) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipientrecipient without reliance upon Confidential Information of the disclosing Party; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this the Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do foregoing restrictions shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipientrecipient Party; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipientrecipient Party’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipientrecipient Party; or (vi) is approved for release or disclosure by the disclosing Party without restriction; or (vii) is required to be publicly disclosed by the recipient Party pursuant to applicable freedom of information laws. Despite the foregoing, each Each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party (if permitted) and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to dofilings.

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do foregoing restrictions shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction; or (vii) is required to be publicly disclosed by the recipient pursuant to applicable freedom of information laws. Despite the foregoing, each Each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party (if permitted) and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to dofilings.

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do foregoing restrictions shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite the foregoing, each Each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party (if permitted) and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to dofilings.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 5.1 and 11.2 do 5.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipient; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do foregoing restrictions shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction; or (vii) is required to be publicly disclosed by the recipient pursuant to applicable freedom of information or sunshine laws. Despite the foregoing, each Each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party (if permitted) and assist to allow the other Party’s party time to make a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to dofilings.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 and 11.2 do Section 10.1 shall not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (iib) is or becomes publicly available or enters the public domain through no fault domain, without breach of the recipientany confidentiality obligation; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligations; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to at the time of disclosure; (ve) is independently developed by the recipient, without breach of any confidentiality obligation; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding anything in this Agreement to the foregoingcontrary, each either Party may disclose Confidential Information in response to the limited extent required (a) in order to comply with the an order of a court or other governmental body, body or as if otherwise necessary required by Legal Requirements to comply with applicable lawbe disclosed, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give written shall first have given notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other Party, at its expense, in establishing its rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The provisions of Sections 11.1 and 11.2 do foregoing restrictions shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite the foregoing, each Each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party (if permitted) and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other Party, at its expense, in establishing its rights under this Agreement, including to make such court filings as it may be required to do.or

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 4.1 and 11.2 do 4.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shallshall first have given written notice, as early as reasonably possible under the circumstancesunless prohibited by law, give written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 sections Y(2) and 11.2 do Y(3) shall not apply to Confidential Information that the receiving party can demonstrate with competent evidence: (ia) is was publicly available or in the public domain at the time disclosedof disclosure; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligations; (iv) is was already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (vd) is independently developed by the recipientrecipient without use of or reference to the Confidential Information; or (vie) is approved for release or disclosure by the disclosing Party party without restriction. Despite Notwithstanding the foregoing, each Party party may disclose Confidential Information I nformation to the limited extent required required: (ai) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstancesif legally permitted, give first have given written notice to the other Party party and assist the other Party’s reasonable effort cooperated with any efforts to obtain a protective order; or (bii) to assist the other Party, at its expense, in establishing its establish a party’s rights under this Agreementthe Customer Contract, including to make such court filings as it may be required to dorequired.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 4.1 and 11.2 do 4.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipient; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 6.1 and 11.2 do 6.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 6.1 and 11.2 do 6.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give written shall first have given notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 6.1 and 11.2 do 6.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipientrecipient without reference to a Party’s Confidential Information; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such required court filings as it may be required to dofilings.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections Section 11.1 and Section 11.2 do will not apply to Confidential Information that information that: (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipientReceiving Party; (iiic) is rightfully communicated to the recipient Receiving Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipientReceiving Party’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipientReceiving Party; or (vie) is approved for release or disclosure by the disclosing Disclosing Party without restriction. Despite Notwithstanding the foregoing, each Receiving Party may disclose Confidential Information to the limited extent required required: (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Receiving Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give will first have given written notice to the other Disclosing Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish Receiving Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 5.1 and 11.2 do 5.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipient; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.. 5.4

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 sections 4.1 and 11.2 do 4.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shallshall first have given written notice, as early as reasonably possible under the circumstancesunless prohibited by law, give written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 and 11.2 do this Section shall not apply to Confidential Information that that: (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required required: (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 7.1 and 11.2 do 7.2 shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 4.1 and 11.2 do 4.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipientrecipient without reference to a Party’s Confidential Information; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such required court filings as it may be required to dofilings.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 10.1 and 11.2 do 10.2 shall not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipient; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ai) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (bii) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections Section 11.1 and 11.2 do shall not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (iib) is or becomes publicly available or enters the public domain through no fault domain, without breach of the recipientany confidentiality obligation; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligations; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to at the time of disclosure; (ve) is independently developed by the recipientrecipient as evidenced by a prior written record; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding anything in this Agreement to the foregoingcontrary, each either Party may disclose Confidential Information in response to the limited extent required (a) in order to comply with the an order of a court or other governmental body, body or as is otherwise necessary required by law or regulation to comply with applicable lawbe disclosed, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give written shall first have given notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (b) to assist the other Party, at its expense, in establishing its rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 10.1 and 11.2 do 10.2 will not apply to Confidential Information that (ia) is publicly available or in the public domain at the time disclosed; (iib) is or becomes publicly available or enters the public domain through no fault of the recipient; (iiic) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (ivd) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (ve) is independently developed by the recipient; or (vif) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. The Notwithstanding the foregoing, the provisions of Sections 11.1 6.1 and 11.2 do 6.2 will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect to thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing Party without restriction. Despite Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (ax) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall, as early as reasonably possible under the circumstances, give shall first have given written notice to the other Party and assist the other Party’s made a reasonable effort to obtain a protective order; or (by) to assist the other establish a Party, at its expense, in establishing its ’s rights under this Agreement, including to make such court filings as it may be required to do.