Exception to Confidentiality Obligation. The confidentiality obligations hereunder shall not apply to information that can be demonstrated by Executive to:
(i) have been developed independently by or known to Executive prior to his first having become employed with Company, whether or not under this Agreement, and not otherwise assigned, transferred or otherwise conveyed to Company under this Agreement or any other agreement;
(ii) not have been acquired, directly or indirectly, by Executive from the Company or from a third party under an obligation of confidence and limited use;
(iii) have been rightfully received by Executive in accordance with this Agreement after disclosure to Company from a third party who did not require Executive to hold it in confidence or limit its use and who did not acquire it, directly or indirectly, from the Company under a continuing obligation of confidence;
(iv) have been in the public domain as of the date of this Agreement, or comes into the public domain during the term of this Agreement through no fault of Executive; or
(v) to be required to be disclosed by a governmental or other regulatory body or by action of law.
Exception to Confidentiality Obligation. The confidentiality obligations hereunder shall not apply to information that can be demonstrated by Executive to:
Exception to Confidentiality Obligation. The obligations of each Party under this Article III shall not apply to information which is:
(a) presently available to the public domain (except as disclosed by any Party in violation of this Agreement); (b) lawfully received by any Party from a third party who is not or was not bound in a confidential relationship to either Xxxxxx, Tishtec or Elite; or (c) required to be disclosed as a matter of law in legal proceedings, and regulation or government authority, in which event the Party so required to disclose the information shall forthwith give notice to the originating Party and duly allow it to appeal or litigate the required disclosure. * Portions of this exhibit have been omitted and filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Exception to Confidentiality Obligation. The obligations of each Party under this Article III shall not apply to information which is:
(a) presently available to the public domain (except as disclosed by any Party in violation of this Agreement); (b) lawfully received by any Party from a third party who is not or was not bound in a confidential relationship to either [ * ], [ * ] or Elite; or (c) required to be disclosed as a matter of law in legal proceedings, and regulation or government authority, in which event the Party so required to disclose the information shall forthwith give notice to the originating Party and duly allow it to appeal or litigate the required disclosure.
Exception to Confidentiality Obligation. Recipient may disclose Discloser’s Confidential Information as required by law or governmental authority, including pursuant to a subpoena or court order, only if Recipient: (i) promptly notifies Discloser of the disclosure requirement; (ii) cooperates with Discloser’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be accorded Discloser’s Confidential Information; and (iii) furnishes only Confidential Information that Recipient is legally compelled to disclose according to advice of its legal counsel.
Exception to Confidentiality Obligation. A Recipient may disclose Discloser’s Confidential Information as required by law or governmental authority, including pursuant to a subpoena or court order. A Recipient will use reasonable efforts to: (i) promptly notify Discloser of the disclosure requirement; (ii) cooperate with Discloser’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be accorded Discloser’s Confidential Information; and (iii) if disclosure is required prior to Discloser obtaining the relief sought in subsection (ii), furnish only that portion of the Confidential Information that a Recipient is legally compelled to disclose according to advice of its legal counsel.
Exception to Confidentiality Obligation. The obligations of a party under this Article III shall not apply to information which is: (a) required to be disclosed as a matter of law in legal proceedings, or by regulation or under government authority. In which event the party so required to disclose the information shall forthwith give notice to the party whose confidential information is at issue and duly allow that party to appeal or litigate the required disclosure.
Exception to Confidentiality Obligation. Notwithstanding the foregoing, the confidentiality and non-use obligations set forth in this Article 4 shall not apply to:
4.3.1 Information which the Recipient can prove to have already been known to or possessed by it prior to the disclosure by Discloser, provided that the source of such information was not known by the Recipient or its Representatives to be bound by a confidentiality obligation to the Discloser;
4.3.2 Information which has already been known to the public prior to its disclosure to the Recipient by or on behalf of the Discloser;
4.3.3 Information which becomes known to the public after the disclosure without any fault of the Recipient;
4.3.4 Information which is lawfully received by the Recipient from a third party having legitimate authority to disclose such information and not bound by a confidentiality obligation to the Discloser; and
4.3.5 Information which is independently developed by Recipient without access to or use of the Confidential Information of the other Party.
Exception to Confidentiality Obligation. The obligations under Section 3.1 shall not apply to the following information which:
(1) has entered into the public domain;
(2) has been disclosed other than by Chic's Mart's breach of the provisions of this Agreement;
(3) is acquired from a third party who does not assume confidentiality obligations; or
(4) has been disclosed by Chic's Mart as required by any applicable law or court order, under which circumstance, the Confidential Information shall be disclosed only to the extent as expressly specified by such applicable law or court order.
Exception to Confidentiality Obligation. RecipientThe Receiving Party may disclose Discloserthe Disclosing Party’s Confidential Information as required by law or governmental authority, including pursuant to a subpoena or court order. , only if RecipientThe Receiving Party shall use reasonable efforts to: (i) promptly notifyies Discloserthe Disclosing Party of the disclosure requirement; (ii) cooperates with Discloserthe Disclosing Party’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be accorded Discloserthe Disclosing Party’s Confidential Information; and (iii) if disclosure is required prior to the Disclosing Party obtaining the relief sought in (ii), furnishes only that portion of the Confidential Information that Recipientthe Receiving Party is legally compelled to disclose according to advice of its legal counsel.
