Common use of Exceptions from Disclosure Restrictions Clause in Contracts

Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Employee shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Employee or his agent; (ii) becomes available to the Employee in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Employee on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Employee by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; provided, however, that in the event disclosure is required by law, the Employee shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Employee.

Appears in 2 contracts

Samples: Merger Severance Agreement (Promus Hotel Corp/De/), Merger Severance Agreement (Parent Holding Corp)

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Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Employee Executive shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Employee Executive or his agent; (ii) becomes available to the Employee Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Employee Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Employee Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, any disclosure or use shall be limited to the Employee extent that disclosure or use is required by law, court order or other legal process and the Executive shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the EmployeeExecutive.

Appears in 1 contract

Samples: Severance Agreement (Heritage Property Investment Trust Inc)

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Exceptions from Disclosure Restrictions. Anything herein to the contrary notwithstanding, the Employee Executive shall not be restricted from disclosing or using Confidential Information that: (i) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Employee Executive or his agent; (ii) becomes available to the Employee Executive in a manner that is not in contravention of applicable law from a source (other than the Company or its affiliated entities or one of its or their officers, employees, agents or representative) that is not bound by a confidential relationship with the Company or its affiliated entities or by a confidentiality or other similar agreement; (iii) was known to the Employee Executive on a non-confidential basis and not in contravention of applicable law or a confidentiality or other similar agreement before its disclosure to the Employee Executive by the Company or its affiliated entities or one of its or their officers, employees, agents or representatives; or (iv) is required to be disclosed by law, court order or other legal process; providedPROVIDED, howeverHOWEVER, that in the event disclosure is required by law, court order or legal process, the Employee Executive shall provide the Company with prompt notice of such requirement so that the Company may seek an appropriate protective order prior to any such required disclosure by the Employee.Executive. (e)

Appears in 1 contract

Samples: Severance Agreement (Parent Holding Corp)

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