Common use of Exception to the confidentiality obligation Clause in Contracts

Exception to the confidentiality obligation. The obligations of the receiving Party described in the above paragraph shall not apply to information that the receiving Party can prove: (a) is available to the general public on the Effective Date; or (b) is or is made known or available to the general public after the Effective Date by any means other than by an unauthorized act or omission of the receiving Party; or (c) was known to it or any of its Affiliates before the Effective Date and not obtained, directly or indirectly, from the disclosing Party; or (d) which is disclosed to the receiving Party or any of its Affiliates after the Effective Date by a Third Party which legally possessed it; or (e) has been independently developed by the receiving Party or any of its Affiliates.