Common use of Exception to Confidentiality Obligation Clause in Contracts

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 [Consultant][Employee] to: (i1) have Have been developed independently of Company or any Affiliate by or known to Executive [Consultant][Employee] prior to his first having become employed with Company, whether the earlier of (1) the Effective Date of this Agreement or not under this Agreement(2) the [Consulting][Employment] Relationship, and not otherwise assigned, transferred or otherwise conveyed to Company or any Affiliate under this Agreement or any other agreement; (ii2) 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 Have been rightfully received by Executive [Consultant][Employee] in accordance with this Agreement after disclosure to Company from by a third party who did not require Executive Company or any Affiliate or [Consultant][Employee] to hold it in confidence or limit its use and who did not acquire it, directly or indirectly, from the Company or any Affiliate under a continuing obligation of confidence;; or (iv3) have 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[Consultant][Employee].

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 execution of this Agreement, 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.