Common use of Exceptions to Confidentiality Obligations Clause in Contracts

Exceptions to Confidentiality Obligations. Each Party’s confidentiality undertakings pursuant to this Agreement shall not apply to any information of the other Party: (a) which at the time of disclosure is or later has come into the public domain by publication or otherwise through no fault of the receiving Party; or (b) which the receiving Party’s documentation demonstrates to have been in the receiving Party’s possession prior to disclosure of it from the disclosing Party; or (c) which is received by the receiving Party from a Third Party in possession of same and not bound by any confidentiality undertaking with respect to said information to the disclosing Party, or to any Affiliate, licensor, licensee, distributor or agent of the disclosing Party; or (d) which is independently developed by the receiving Party without access to the disclosing Party’s Confidential Information; or (e) which a Party is required by law to disclose provided that, prior to such disclosure, the receiving Party promptly notifies the disclosing Party in writing of any such obligation and affords the disclosing Party the opportunity to oppose such order; or (f) which a Party is required to disclose or to use to reasonably defend its position under trial or judicial or arbitration proceedings or to disclose to its attorneys of record or retained experts in connection with same, provided such disclosure is on a confidential basis, where possible, and restricted to the minimum extent required and to such persons solely for such purposes.

Exceptions to Confidentiality Obligations. Each Party’s Notwithstanding the foregoing, the confidentiality undertakings pursuant and non-use obligations under this Section 8.1 (Confidentiality Obligations) with respect to this Agreement any Confidential Information shall not apply to include any information of the other Partythat: (ai) which at the time of disclosure is or later has come into hereafter becomes part of the public domain by publication public use, publication, general knowledge or otherwise the like through no fault breach of this Agreement by the receiving Party; or; (bii) which the receiving Party’s can be demonstrated by documentation demonstrates or other competent proof to have been in the receiving Party’s possession prior to disclosure of it from by the disclosing PartyParty without any obligation of confidentiality with respect to such information; orprovided that the foregoing exception shall not operate to relieve either Party of its obligations under this Article 8 (Confidentiality and Non-Disclosure) with respect to any Confidential Candidate Information; (ciii) which is subsequently received by the receiving Party from a Third Party in possession of same and who is not bound by any obligation of confidentiality undertaking with respect to said information to such information; (iv) has been published by a Third Party or otherwise enters the disclosing Party, or to any Affiliate, licensor, licensee, distributor or agent public domain through no fault of the disclosing Partyreceiving Party in breach of this Agreement; or (dv) which is can be demonstrated by documentation or other competent evidence to have been independently developed by or for the receiving Party without reference or access to the disclosing Party’s Confidential Information; or provided that the foregoing exception shall not operate to relieve either Party of its obligations under this Article 8 (eConfidentiality and Non-Disclosure) which a Party is required by law with respect to disclose provided that, prior to such disclosure, the receiving Party promptly notifies the disclosing Party in writing of any such obligation and affords the disclosing Party the opportunity to oppose such order; or (f) which a Party is required to disclose or to use to reasonably defend its position under trial or judicial or arbitration proceedings or to disclose to its attorneys of record or retained experts in connection with same, provided such disclosure is on a confidential basis, where possible, and restricted to the minimum extent required and to such persons solely for such purposesConfidential Candidate Information.

Exceptions to Confidentiality Obligations. Each PartyNeither party will use or disclose the other party’s confidentiality undertakings pursuant Confidential Information except as permitted by this Agreement. The receiving party, however, will have no obligations concerning the disclosing party’s Confidential Information if the disclosing party’s Confidential Information: a) is made public before the disclosing party discloses it to the receiving party; b) is made public after the disclosing party discloses it to the receiving party (unless its publication is a breach of this Agreement shall not apply to or any information of other agreement between Epson and Lattice); c) is rightfully in the other Party: (a) which at the time of disclosure is or later has come into the public domain by publication or otherwise through no fault possession of the receiving Party; or (b) which party before the disclosing party discloses it to the receiving Party’s documentation demonstrates to have been in the receiving Party’s possession prior to disclosure of it from the disclosing Party; orparty; (c) which is received by the receiving Party from a Third Party in possession of same and not bound by any confidentiality undertaking with respect to said information to the disclosing Party, or to any Affiliate, licensor, licensee, distributor or agent of the disclosing Party; or (d) which is independently developed by the receiving Party party without access the use of the Confidential Information, if such independent development is supported by documentary evidence; or e) is rightfully obtained by the receiving party from a third party who is lawfully in possession of the information and not in violation of any contractual, legal or fiduciary obligation to the disclosing Party’s party with respect to the information. Each party may disclose any Confidential Information to the extent that such party has been advised by counsel that such disclosure is necessary to comply with laws or regulations provided that such party shall give the other party reasonable advance notice of such proposed disclosure, shall use its best efforts to secure confidential treatment of such Confidential Information; or (e) which a Party is required by law to disclose provided that, prior to such disclosure, and shall advise the receiving Party promptly notifies the disclosing Party other party in writing of any such obligation and affords the disclosing Party manner of the opportunity to oppose such order; or (f) which a Party is required to disclose or to use to reasonably defend its position under trial or judicial or arbitration proceedings or to disclose to its attorneys of record or retained experts in connection with same, provided such disclosure is on a confidential basis, where possible, and restricted to the minimum extent required and to such persons solely for such purposesdisclosure.