Common use of Exceptions to Confidentiality Obligations Clause in Contracts

Exceptions to Confidentiality Obligations. Confidential Information will not include information to the extent that such information: (a) was generally available to the public at the time of its disclosure to Recipient hereunder; (b) became generally available to the public after its disclosure to Recipient hereunder other than through an act or omission of Recipient in breach of this Agreement; or (c) was subsequently lawfully and independently disclosed to Recipient without restriction by a person, other than Discloser, with the right to do so. In the event that Recipient intends to disclose to a Third Party any of Discloser’s Confidential Information under the exceptions (a), (b) or (c) above, Recipient must first obtain Discloser’s written permission to do so, which approval will be at Discloser’s sole discretion.

Exceptions to Confidentiality Obligations. Confidential Information will not include information to the extent that such information: (a) was generally available to the public at the time of its disclosure to Recipient hereunder; (b) became generally available to the public after its disclosure to Recipient hereunder other than through an act or omission of Recipient in breach of this Agreement; or (c) was subsequently lawfully and independently disclosed to Recipient without restriction by a person, other than Discloser, with the right to do sowithout an obligation of confidentiality. In the event that Recipient intends to disclose to a Third Party any of Discloser’s Confidential Information under the exceptions (a), (b) or (c) above, Recipient must first obtain Discloser’s written permission to do so, which approval will be at Discloser’s sole discretion.