Exception to Confidentiality Sample Clauses

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him from a source other than the Company or its agents; (iii) was already known to him at the time of its receipt, as shown by reasonable proof filed with the Company within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the Employee's possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the Employee's possession unless the combination itself and its principle of operation are available to the general public.

Exception to Confidentiality. Notwithstanding the provisions of Article 29.3, the obligation of confidentiality shall not apply to: (i) information in the public domain which has not been made public through the breach of this Contract; (ii) information obtained prior to its disclosure without violating any confidentiality obligation; (iii) information obtained from third parties entitled to disclose it without violating any confidentiality obligation, and (iv) information required to be disclosed by law or Government Authorities, provided that (a) failure to disclose such information would subject the Contractor to civil, criminal or administrative sanctions, and (b) the Contractor promptly notifies CNH of the request for disclosure. In the case of disclosure pursuant to (iv) above, CNH may request to the Contractor to challenge the disclosure order in the competent courts, and CNH shall bear any costs relating to such challenge.

Exception to Confidentiality. Notwithstanding anything in this Agreement or otherwise, I understand that I have the right under federal law to certain protections for cooperating with or reporting legal violations to the Securities and Exchange Commission (the “SEC”) and/or its Office of the Whistleblower, as well as certain other governmental authorities and self-regulatory organizations, and as such, nothing in this Agreement or otherwise is intended to prohibit me from disclosing this Agreement to, or from cooperating with or reporting violations to, the SEC or any other such governmental authority or self-regulatory organization, and I may do so without notifying the Company. The Company may not retaliate against me for any of these activities, and nothing in this Agreement or otherwise would require me to waive any monetary award or other payment that I might become entitled to from the SEC or any other governmental authority.

Exception to Confidentiality. (a) The obligations of confidentiality and restriction on use contained herein shall not apply to any Proprietary Information that a Recipient is clearly able to demonstrate: (i) Was in the public domain prior to the Effective Date of this Agreement or subsequently came into the public domain through no fault of the Recipient; (ii) Was lawfully received by the Recipient from a third party, which third party was, to the knowledge of the Recipient, free of any obligation of confidentiality; (iii) Was already in the lawful possession of the Recipient without an obligation to maintain its confidentiality prior to disclosure by the Disclosing Party; (iv) Is required to be disclosed by applicable law, or in a judicial or administrative proceeding, but only so long as the Recipient, to the extent it is not legally prohibited, gives the Disclosing Party notice, prior to any disclosure, of any request to disclose Proprietary Information so that the Disclosing Party has an opportunity to object to the production or disclosure of the requested information. In the event that Proprietary Information is produced under such legal compulsion, such production shall be strictly limited to the requesting party as dictated by applicable law or court order, shall be limited in scope to the extent practicable, and shall not otherwise affect the confidential nature of such Proprietary Information: (v) Can be proven to have been subsequently and independently developed, without violation of this Agreement, by employees, consultants or agents of the Recipient who did not have access to the Proprietary Information; or (vi) Is disclosed by the Recipient in accordance with the prior written approval of the Disclosing Party, but only to the extent allowed and for the limited purposes specified in such written approval. Such permitted disclosure shall not otherwise affect the confidential nature of such Proprietary Information. (b) For purposes of this Agreement, Proprietary Information shall not be deemed to be in the public domain or be in Recipient's lawful possession merely because it consists of components that are within the public domain.

Exception to Confidentiality. Notwithstanding the provisions of Article 29.3, the obligation of confidentiality shall not apply to the information: (i) in the public domain and has not been made public through the breach of this Contract; (ii) obtained prior to its disclosure without violating any confidentiality obligation; (iii) obtained from third parties entitled to disclose it without violating any confidentiality obligation; (iv) required to be disclosed by law or the Governmental Authorities; (v) that has to be presented to assert the rights of the Parties during an arbitration procedure pursuant to Article 26.5, provided that such disclosure shall be subject to the confidentiality rules of such procedure, and (vi) the Contractor furnish such information to its Affiliates and to its subsidiaries, accountants, legal advisors or financial institutions involved with this Contract to the necessary extent for the Petroleum Activities in the Contract Area, it being understood that the Contractor shall be responsible to maintain the confidentiality of the information and ensure that such Persons maintain the confidentiality as provided in this Contract and the Applicable Law. Provided that: (a) failure to disclose such information would subject the Contractor to civil, criminal or administrative sanctions, and (b) the Contractor promptly notifies the CNH of the request for disclosure. In the case of disclosure pursuant to paragraph (iv) above, the CNH may request that the disclosing Party challenge the disclosure order in the competent courts, and the CNH shall bear any Costs relating to such challenge. Subsections (a) and (b) of this Article shall not apply to the provisions of paragraph (v) above.

Exception to Confidentiality. The obligations in Article 8 shall not apply to Confidential Information to the extent that it: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party in breach of Article 8, generally known or available; (b) is known by the receiving Party at the time of receiving such information, as shown by contemporaneous written records predating such receipt; (c) is furnished after the Effective Date to the receiving Party by a third party, without breach of and not subject to any obligation of confidentiality; (d) is independently developed by the receiving Party without use of or reference to Confidential Information of the other Party, as shown by independent written records, contemporaneous with such development; or (e) XXXX or CLIENT is required to disclose under any statutory, regulatory, stock exchange or similar legislative requirement or court order, provided, however, that (i) receiving Party gives the disclosing Party prior written notice of such required disclosure and assists the disclosing Party in its reasonable efforts to prevent or limit such disclosure; and (ii) the Confidential Information so disclosed otherwise remains the Confidential Information of the disclosing Party for the purposes of Article 8.

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by GTL Bolivia from Rentech as a result of this Memorandum shall not be considered confidential, and GTL Bolivia shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence; (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by GTL Bolivia from a source other than the Rentech or its agents; (iii) was already known by GTL Bolivia at the time of its receipt, as shown by reasonable proof filed with GTL Bolivia within a reasonable time after its receipt; or (iv) is required to be disclosed by order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other such standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in GTL Bolivia's possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in GTL Bolivia's possession unless the combination itself and its principles of operation are available to the general public.

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by Rentech from GTL Bolivia as a result of this Memorandum shall not be considered confidential, and Rentech shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence; (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by Rentech from a source other than GTL Bolivia or its agents; (iii) was already known by Rentech at the time of its receipt, as shown by reasonable proof filed with Rentech within a reasonable time after its receipt; or (iv) is required to be disclosed by order of any court or governmental authority having jurisdiction. Disclosures that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in Rentech's possession.

Exception to Confidentiality. The confidentiality restrictions of this Agreement shall not apply to any document or information if such document or information (i) was known to Receiving Party, as evidence by receiving Party's written records, prior to the receipt of such document or information from Disclosing Party, (ii) was publicly available at the time of the disclosure of such document to Receiving Party or subsequently became publicly available through no fault of receiving Party, (iii) was approved for public disclosure by the written authorization of 6 Disclosing Party, (iv) was or became available to receiving Party or its agent from a nonconfidential source, or (v) is required to be disclosed by law, any state agency third party reimbursement agencies or professional organizations, or pursuant to subpoena or proper court order.

Exception to Confidentiality. The obligations provided under Clause 12.2 do not apply to the following circumstances: (1) Confidential information is public knowledge or the confidential information that is not publicly known as a result of the fault or breach of contract of the Recipient or its related personnel; (2) the Recipient can provide evidence to prove that it or its relevant personnel have legally known the confidential information before the Disclosing Party disclose it to the Recipient; (3) the Recipient may provide evidence that it or its related personnel legally acquired such confidential information from a third party that has no obligation to keep confidentiality to the Disclosing Party or its associated personnel, in a manner of not violating the confidentiality obligations of this Agreement; or (4) the Recipient can provide evidence that the it or its related personnel has not relied on the confidential information and that the confidential information has not been independently developed by the Recipient in violation of this Agreement.