Common use of Exceptions in the Treatment of Confidential Information Clause in Contracts

Exceptions in the Treatment of Confidential Information. Notwithstanding Sub-clause 5.1., no Party shall be liable for use or disclosure of Confidential Information that: a) is published or becomes generally known to the public through no fault or omission of the Receiving Party; or b) is independently developed by or for the Receiving Party without reference to or reliance upon the Confidential Information and such development can be evidenced by written documentation upon request by the Disclosing Party; or c) is rightfully known by the Receiving Party prior to the date of disclosure to the Receiving Party and such knowledge can be evidenced by written documentation upon request by the Disclosing Party; or d) The information received comes from a Third Party that does not require secrecy, or e) is required to be disclosed by law or by judicial or administrative request. In this case, the Receiving Party will immediately notify the Issuing Party of such request so that it can file the appropriate precautionary measures, and will not disclose more Confidential Information than that which is strictly required by the judicial or administrative order.

Exceptions in the Treatment of Confidential Information. Notwithstanding Sub-clause 5.1Clause 6.1., no neither Party shall be liable for use or disclosure of Confidential Information that: a) i. is published or becomes generally known to the public through no fault or omission of the Receiving Party; or b) ii. is independently developed by or for the Receiving Party without reference to or reliance upon the Confidential Information and such development can be evidenced by written documentation upon request by the Disclosing Party; or c) iii. is rightfully known by the Receiving Party prior to the date of disclosure to the Receiving Party and such knowledge can be evidenced by written documentation upon request by the Disclosing Party; or d) iv. The information received comes from a Third Party that does not require secrecy, or e) v. is required to be disclosed by law or by judicial or administrative request. In this case, the Receiving Party will immediately notify the Issuing Party of such request so that it can file the appropriate precautionary measures, and will not disclose more Confidential Information than that which is strictly required by the judicial or administrative order.

Exceptions in the Treatment of Confidential Information. Notwithstanding Sub-clause 5.1Section 6.1., no Party shall be liable for use or disclosure of Confidential Information that: a) i. is published or becomes generally known to the public through no fault or omission of the Receiving Party; or b) ii. is independently developed by or for the Receiving Party without reference to or reliance upon the Confidential Information and/or the Material and such development can be evidenced by written documentation upon request by the Disclosing Party; or c) iii. is rightfully known by the Receiving Party prior to the date of disclosure to the Receiving Party and such knowledge can be evidenced by written documentation upon request by the Disclosing Party; or d) iv. The information received comes from a Third Party that does not require secrecy, or e) v. is required to be disclosed by law or by judicial or administrative request. In this case, the Receiving Party will immediately notify the Issuing Party of such request so that it can file the appropriate precautionary measures, and will not disclose more Confidential Information than that which is strictly required by the judicial or administrative order.