Common use of Exceptions to Confidential Treatment Clause in Contracts

Exceptions to Confidential Treatment. Confidential Information shall not include, and the obligations herein shall not apply to, information that 10.3.1 is now or subsequently becomes generally available to the public through no fault of Receiving Party; 10.3.2 Receiving Party can demonstrate was rightfully in its possession prior to disclosure to Receiving Party by Disclosing Party; 10.3.3 is independently developed by Receiving Party without the use of any Confidential Information provided by Disclosing Party; or 10.3.4 Receiving Party rightfully obtains from a third party (without restriction and without breach of any agreement) who has the right, without obligation to Disclosing Party, to transfer or disclose such information.

Exceptions to Confidential Treatment. Confidential Information shall not include, and the obligations herein shall not apply to, information that 10.3.1 that (i) is now or subsequently becomes generally available to the public through no fault of Receiving Party; 10.3.2 ; (ii) Receiving Party can demonstrate was rightfully in its possession prior to disclosure to Receiving Party by Disclosing Party; 10.3.3 ; (iii) is independently developed by Receiving Party without the use of any Confidential Information provided by Disclosing Party; or 10.3.4 or (iv) Receiving Party rightfully obtains from a third party (without restriction and without breach of any agreement) who has the right, without obligation to Disclosing Party, to transfer or disclose such information.