Common use of Confidentiality; Exceptions Clause in Contracts

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach of any confidentiality obligation; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations; (d) is already in the recipient’s possession free of any confidentiality obligations at the time of disclosure; (e) is independently developed by the recipient, without breach of any confidentiality obligation; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contrary, either Party may disclose Confidential Information in response to an order of a court or other governmental body or if otherwise required by Legal Requirements to be disclosed, provided that the Party making the disclosure pursuant to the order shall first have given notice to the other Party and made a reasonable effort to obtain a protective order.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 The foregoing restrictions shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) 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. Notwithstanding anything in this Agreement to the contrary, either Each Party may disclose Confidential Information to the limited extent required (a) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party (if permitted) and made a reasonable effort to obtain a protective order; or (b) to establish a Party’s rights under this Agreement, including to make court filings.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 The foregoing restrictions shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient Party; (ciii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipientrecipient Party’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligationrecipient Party; or (fvi) 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. Notwithstanding anything in this Agreement to the contrary, either Each Party may disclose Confidential Information to the limited extent required (a) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party (if permitted) and made a reasonable effort to obtain a protective order; or (b) to establish a Party’s rights under this Agreement, including to make court filings.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall Sections 5.1 and 5.2 will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, without breach of any confidentiality obligation; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 Sections 7.1 and 7.2 shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 The foregoing restrictions shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contrary, either Each Party may disclose Confidential Information to the limited extent required (a) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party (if permitted) and made a reasonable effort to obtain a protective order; or (b) to establish a Party’s rights under this Agreement, including to make court filings.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall Sections 4.1 and 4.2 will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, recipient without breach of any confidentiality obligationreference to a Party’s Confidential Information; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or to establish a Party’s rights under this Agreement, including to make required court filings.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section Sections 10.1 shall and 10.2 will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, without breach of any confidentiality obligation; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of this Section 10.1 shall not apply to Confidential Information that that: (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required: (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 this confidentiality sections shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (a) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (b) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall Sections 6.1 and 6.2 will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, recipient without breach of any confidentiality obligationreference to a Party’s Confidential Information; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or to establish a Party’s rights under this Agreement, including to make required court filings.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall Sections 4.1 and 4.2 will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, without breach of any confidentiality obligation; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 Sections 6.1 and 6.2 shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient Party by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (a) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (b) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 shall Sections 6.1 and 6.2 will not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 Sections 6.1 and 6.2 shall not apply to Confidential Information that (ai) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (bii) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ev) is independently developed by the recipient, without breach of any confidentiality obligation; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (x) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section 10.1 sections Y(2) and Y(3) shall not apply to Confidential Information that the receiving party can demonstrate with competent evidence: (a) is was publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligationdisclosure; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations; (d) is was already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (ed) is independently developed by the recipient, recipient without breach use of any confidentiality obligationor reference to the Confidential Information; or (fe) is approved for release or disclosure by the disclosing Party party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either Party each party may disclose Confidential Information in response I nformation to an the limited extent required: (i) to comply with the order of a court or other governmental body or if otherwise required by Legal Requirements to be disclosedbody, provided that the Party party making the disclosure pursuant to the order shall shall, if legally permitted, first have given written notice to the other Party party and made a reasonable effort cooperated with any efforts to obtain a protective order; or (ii) to establish a party’s rights under the Customer Contract, including to make such court filings as may be required.

Confidentiality; Exceptions. Notwithstanding the foregoing, the provisions of Section Sections 10.1 and 10.2 shall not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed, without breach of any confidentiality obligation; (b) is or becomes publicly available or enters the public domain, without breach domain through no fault of any confidentiality obligationthe recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligationsobligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, without breach of any confidentiality obligation; or (f) is approved for release or disclosure by the disclosing Party without restriction. Notwithstanding anything in this Agreement to the contraryforegoing, either each Party may disclose Confidential Information to the limited extent required (i) in response order to an comply with the order of a court or other governmental body body, or if as otherwise required by Legal Requirements necessary to be disclosedcomply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.