Common use of Exceptions to Confidentiality Requirements Clause in Contracts

Exceptions to Confidentiality Requirements. With respect to the Recipient Party, the confidentiality requirements set forth in Clauses 2 and 3 shall not apply to any part of the Confidential Information or the Permitted Purpose which: (a) is, at the time of disclosure, or thereafter becomes, a part of the public record through no violation or breach of this Agreement; (b) was, as evidenced by its records, in the lawful possession of the Recipient Party prior to its disclosure hereunder; (c) is hereafter lawfully acquired by the Recipient Party through a third Person, which, to the best of the Recipient Party's knowledge, is not under an obligation of confidence to the Disclosing Party or is not in a contractual or fiduciary relationship with the Disclosing Party; (d) is disclosed following receipt of the written consent of the Disclosing Party that such Confidential Information or Permitted Purpose may be disclosed; (e) has been independently acquired or developed by the Recipient Party without violating any of its obligations under this Agreement; or (f) is otherwise disclosed pursuant to the provisions of this Agreement.