Common use of Exceptions to Confidentiality Obligations Clause in Contracts

Exceptions to Confidentiality Obligations. The obligations set out in Clauses 8.1 and 8.2 shall not apply to that part of the Confidential Information of the Disclosing Party which the Receiving Party can demonstrate by reasonable, written evidence: 8.3.1 was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party without any obligations of confidence; or 8.3.2 is subsequently disclosed to the Receiving Party, without any obligations of confidence, by a third party who is entitled to disclose it without breaching any confidentiality obligations to the Disclosing Party; or 8.3.3 is or becomes generally available to the public through no fault of the Receiving Party, its Affiliates and/or Sub-Licensees or its or their Representatives; or 8.3.4 is permitted pursuant to the provisions of Clause 8.10; or 8.3.5 is independently developed by or on behalf of the Receiving Party, as evidenced by written records, without reference to, reliance upon, or use of the Confidential Information of the Disclosing Party. Specific aspects or details of Confidential Information shall not be deemed to be generally available to the public or in the possession of the Receiving Party merely because the Confidential Information is covered or embraced by a more general class of information generally available to the public or in the possession of the Receiving Party. Any combination of information shall not be considered to be generally available to the public or in the possession of the Receiving Party merely because individual elements of such information are generally available to the public or in the possession of the Receiving Party.

Exceptions to Confidentiality Obligations. The obligations set out in Clauses 8.1 and 8.2 clause 7.1 shall not apply to that part of the Confidential Information of the Disclosing other Party which the Receiving Party can demonstrate by reasonable, written evidence:evidence:‌ 8.3.1 (a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party without any obligations of confidence; or 8.3.2 (b) is subsequently disclosed to the Receiving Party, without any obligations of confidence, by a third party Third Party who is entitled to disclose it without breaching any confidentiality obligations to the Disclosing Party; or 8.3.3 (c) is or becomes generally available to the public through no fault of the Receiving Party, Party or its Affiliates and/or Sub-Licensees or Sublicensees or its or their Representatives; or 8.3.4 is permitted pursuant to the provisions of Clause 8.10; or 8.3.5 (d) is independently developed by or on behalf of the Receiving Party, as evidenced by written records, without reference to, reliance upon, or use of to the Confidential Information of the Disclosing Party. Specific aspects or details of Confidential Information shall not be deemed to be generally available to the public or in the possession of the Receiving Party merely because the Confidential Information is covered or embraced by a more general class of information generally available to the public or in the possession of the Receiving Party. Any combination of information shall not be considered to be generally available to the public or in the possession of the Receiving Party merely because individual elements of such information are generally available to the public or in the possession of the Receiving Party.

Exceptions to Confidentiality Obligations. The obligations set out in Clauses 8.1 and 8.2 clause 7.1 shall not apply to that part of the Confidential Information of the Disclosing other Party which the Receiving Party can demonstrate by reasonable, written evidence: 8.3.1 (a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party without any obligations of confidence; or 8.3.2 (b) is subsequently disclosed to the Receiving Party, without any obligations of confidence, by a third party Third Party who is entitled to disclose it without breaching any confidentiality obligations to the Disclosing Party; or 8.3.3 (c) is or becomes generally available to the public through no fault of the Receiving Party, Party or its Affiliates and/or Sub-Licensees or Sublicensees or its or their Representatives; or 8.3.4 is permitted pursuant to the provisions of Clause 8.10; or 8.3.5 (d) is independently developed by or on behalf of the Receiving Party, as evidenced by written records, without reference to, reliance upon, or use of to the Confidential Information of the Disclosing Party. Specific aspects or details of Confidential Information shall not be deemed to be generally available to the public or in the possession of the Receiving Party merely because the Confidential Information is covered or embraced by a more general class of information generally available to the public or in the possession of the Receiving Party. Any combination of information shall not be considered to be generally available to the public or in the possession of the Receiving Party merely because individual elements of such information are generally available to the public or in the possession of the Receiving Party.