Common use of Exceptions to Confidential Information Clause in Contracts

Exceptions to Confidential Information. Confidential Information will not include any information, which the receiving party can prove by competent written evidence: (A) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (B) is known by the receiving party at the time of receiving such information, as evidenced by its records; (C) is hereafter furnished to the receiving party without restriction as to disclosure or use by a Third Party lawfully entitled to furnish such information; (D) is independently developed by the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's Confidential Information; or (E) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required to disclose such information must give advance written notice of such disclosure to the other party and must cooperate with the other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.

Exceptions to Confidential Information. Confidential Information will not include any information, which the receiving party can prove by competent written evidence: (Ai) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or availableavailable to the public; (Bii) is known by the receiving party at the time of receiving such information, as evidenced by its records; (Ciii) is hereafter furnished to the receiving party without restriction as to disclosure or use by a Third Party lawfully entitled to furnish such information; (Div) is independently developed by the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's ’s Confidential Information; or (Ev) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required to disclose such information must give advance written notice of such disclosure to the other party and must cooperate with the other party's ’s efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.

Exceptions to Confidential Information. Notwithstanding the foregoing, Confidential Information will shall not include any information, which the receiving party can prove by competent written evidence: information which: (Ai) is now, or hereafter becomesbecomes generally available to the public other than by reason of any breach hereof; (ii) was already known to the Receiving Party, through no act or failure prior to act on the part date of the receiving party, generally known or available; disclosure; (Biii) is known by the receiving party at the time of receiving such information, as evidenced by its records; (C) is hereafter furnished disclosed to the receiving party without restriction as to disclosure or use Receiving Party by a Third Party lawfully entitled to furnish such information; (D) is independently developed by third party who has the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's Confidential Information; or (E) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required right to disclose such information must give advance without any obligations of confidentiality; (iv) is developed by or on behalf of the Receiving Party independently, without reliance on Confidential Information received hereunder, as demonstrated by written notice records; or (v) is otherwise required to be disclosed by the Receiving Party in order to comply with applicable legal requirements of such disclosure a public authority, law, rule of court or regulation, provided that (a) the Receiving Party promptly notifies the Disclosing Party of the obligation to disclose in order to allow the other party and must cooperate Disclosing Party to object or seek a protective order, (b) the Receiving Party only discloses the minimum amount of Confidential Information that is necessary to comply with the required disclosure; and (c) such information remains Confidential Information for all other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable lawpurposes.

Exceptions to Confidential Information. Confidential Information will shall not include any information, which the receiving party can prove by competent written evidence: (Ai) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (Bii) is known by the receiving party at the time of receiving such information, as evidenced by its records; (Ciii) is hereafter furnished to the receiving party without restriction as to disclosure or use by a Third Party lawfully entitled to furnish such information; (Div) is independently developed by the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's Confidential Information; or; (Evi) is the subject of a written permission to disclose provided by the disclosing party; or vii) is provided by the disclosing party to a Third Party without restriction as to confidentiality. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required to disclose such information must shall give advance written notice of such disclosure to the other party and must will cooperate with the other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.

Exceptions to Confidential Information. Notwithstanding the foregoing, Confidential Information will shall not include any information, which the receiving party can prove by competent written evidence: information which: (Ai) is now, or hereafter becomes, through no act or failure becomes generally available to act on the part public other than by reason of any breach hereof; (ii) was already known to the receiving party, generally known or available; Receiving Party prior to the date of disclosure; (Biii) is known by the receiving party at the time of receiving such information, as evidenced by its records; (C) is hereafter furnished disclosed to the receiving party without restriction as to disclosure or use Receiving Party by a Third Party lawfully entitled to furnish such information; (D) is independently developed by third party who has the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's Confidential Information; or (E) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required right to disclose such information must give advance without any obligations of confidentiality; (iv) is developed by or on behalf of the Receiving Party independently, without reliance on Confidential Information received hereunder, as demonstrated by written notice records; or (v) is otherwise required to be disclosed by the Receiving Party in order to comply with applicable legal requirements of such disclosure a public authority, law, rule of court or regulation, provided that (a) the Receiving Party promptly notifies the Disclosing Party of the obligation to disclose in order to allow the other party and must cooperate Disclosing Party to object or seek a protective order; (b) the Receiving Party only discloses the minimum amount of Confidential Information that is necessary to comply with the required disclosure; and (c) such information remains Confidential Information for all other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable lawpurposes.

Exceptions to Confidential Information. Confidential Information will not include any information, which the receiving party can prove by competent written evidence: (Ai) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or availableavailable to the public; (Bii) is known by the receiving party at the time of receiving such information, as evidenced by its records; (Ciii) is hereafter furnished to the receiving party without restriction as to disclosure or use by a Third Party lawfully entitled to furnish such information; (Div) is independently developed by the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's Confidential Information; or (Ev) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required to disclose such information must give advance written notice of such disclosure to the other party and must cooperate with the other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.

Exceptions to Confidential Information. Confidential Information will not include any information, which the receiving party can prove by competent written evidence: (A) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (B) is known by the receiving party at the time of receiving such information, as evidenced by its records; (C) is hereafter furnished to the receiving party without restriction as to disclosure or use by a Third Party lawfully entitled to furnish such information; (D) is independently developed by the employees, agents or contractors of the receiving party without the aid, application or use of the disclosing party's ’s Confidential Information; or (E) is the subject of a written permission to disclose provided by the disclosing party. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, that, in such event, the party required to disclose such information must give advance written notice of such disclosure to the other party and must cooperate with the other party's ’s efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.

Exceptions to Confidential Information. Confidential Information will shall not include any information, information which the receiving party can prove by competent written evidence: (Ai) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available; (Bii) is known by the receiving party or any of its Affiliates at the time of receiving such information, as evidenced by its records; (Ciii) is hereafter furnished to the receiving party or any of its Affiliates without restriction as to disclosure or use by a Third Party lawfully entitled to so furnish such informationsame; (Div) is independently developed by the employees, agents or contractors of the receiving party or any of its Affiliates without the aid, application or use of the disclosing party's Confidential Information; or; (Ev) is the subject of a written permission to disclose provided by the disclosing party; or vi) is provided by the disclosing party to a Third Party without restriction as to confidentiality. A party may also disclose Confidential Information of the other party where required to do so by law or legal process; provided, however, provided that, in such event, the party required to so disclose such information must shall give maximum practical advance written notice of such disclosure same to the other party and must will cooperate with the other party's efforts to seek, at the request and expense of the other party, all confidential treatment and protection for such disclosure as is permitted by applicable law.