Common use of Exceptions to Confidentiality Clause in Contracts

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party third party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (ed) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without any use of or reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement Section shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Royalty Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Royalty Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement obligation of confidentiality between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to by a Third Parties by Party or otherwise enters the Disclosing Party public domain without restriction on disclosuredisclosure and through no fault of the Receiving Party in breach of this Agreement; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall will not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Authorized Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party third party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; provided, however, that this exception shall not apply with respect to any information or materials regarding the Compound that are provided to Glenmark by Salix under this Agreement; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall will not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received by the Receiving Party from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between obligation of confidentiality to which such Third Party and the Disclosing Partythird party is subject; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.. [Signature Page Follows]

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.. [Signature Page Follows]

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or; (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information; or (f) that is disclosed to any of the Lenders or any of their Affiliates, agents or representatives in violation of Section 7.14.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party:: ​ (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement);Recipients; ​ (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party third party and the Disclosing Party;; ​ (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party;; ​ (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; oror ​ (e) that the Receiving Party can demonstrate by competent competent, written evidence was independently developed by the Receiving Party without the use of or reference to the Disclosing Party’s Confidential Information.. ​ ​

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; (e) that is required or permitted to be Publicly Disclosed in accordance with Section 7.15 as a result of a breach by Holdings, the Borrower or any Subsidiary of their obligations hereunder to not provide Inside Information to any Public-Side Lender; or (ef) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving receiving Party or any of its Recipients in violation of this Agreement)Representatives; (b) that is received by the receiving Party or its Affiliate from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between obligation of confidentiality of such Third Party and the Disclosing Party; (c) that the Receiving receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing disclosing Party;; or (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving rece1vmg Party can demonstrate by competent evidence was independently developed by the Receiving receiving Party without the aid, use or application of or reference to any Confidential Information of the Confidential Informationdisclosing Party.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party third party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent competent, written evidence was independently developed by the Receiving Party without the use of or reference to the Disclosing Party’s Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall will not extend to any Confidential Information of the Disclosing Party: (ai) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Authorized Recipients; (bii) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (ciii) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (div) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (ev) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s 's obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement between such Third Party third party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; oror **Material has been omitted pursuant to a request for confidential treatment and such material has been filed separately with the SEC (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or; (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use Party; or (f) that is, in the opinion of or reference counsel to the Confidential InformationReceiving Party, required to be disclosed pursuant to Law or Judgment binding upon the Receiving Party or pursuant to the requirement or request of any Governmental Entity.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party third party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party third party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement Section 6.1 shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Royalty Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Royalty Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or; (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use Party; or (f) that is, in the opinion of or reference counsel to the Confidential InformationReceiving Party, required to be disclosed pursuant to Law or Judgment binding upon the Receiving Party or pursuant to the requirement or request of any Governmental Entitiy.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall will not extend to any Confidential Information of the Disclosing Party: : (ai) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); Authorized Recipients; (bii) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; ; (ciii) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; ; (div) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or or (ev) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; (e) that is required or permitted to be Publicly Disclosed in accordance with Section 7.15 as a result of a breach by Holdings, the Borrower or any Subsidiary of their obligations hereunder to not provide Inside Information to any Public-Side Lender; or (ef) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in Notwithstanding the provisions of Section 1 above, informa­tion shall not be deemed “Confidential Information” for purposes of this Agreement shall not extend to any Confidential Information of the Disclosing Partyif: (a) that the information is or hereafter becomes part publicly known through no breach of the public domain (other than as a result of a disclosure this Agreement by the Receiving Party or its Recipients in violation of this Agreement);Party; or (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving PartyParty can demonstrate, breach of any agreement between such Third Party and by written records pre-dating the disclosure by the Disclosing Party;, that the information was already known to the Receiving Party at the time that it was disclosed by the Disclosing Party; or (c) that the information is subsequently disclosed to the Receiving Party by a third party without the breach of any confidentiality obligation and without restriction on further disclosure; or (d) the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was information has been independently developed by the Receiving Party Party, without the use of or reference to the Disclosing Party’s Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Agreement); (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties third parties by the Disclosing Party without restriction on disclosure; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement following information shall not extend be deemed to any be Confidential Information of the Disclosing Party: (a) information that is or hereafter becomes part of the public domain (other than as a result of a disclosure by the Receiving Party or its Recipients in violation of this Royalty Agreement); (b) information that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, breach of any agreement between such Third Party and the Disclosing Party; (c) information that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation on disclosure prior to its receipt from the Disclosing Party; (d) information that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (e) information that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or reference to the Confidential InformationParty.”

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or (ed) that the Receiving Party can demonstrate by competent competent, contemporaneous written evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.

Exceptions to Confidentiality. The Receiving Party’s obligations set forth in this Agreement Section 6.1 shall not extend to any Confidential Information of the Disclosing Party: (a) that is or hereafter becomes part of the public domain (other than as a result through no wrongful act, fault or negligence on the part of a disclosure by the Receiving Party or its Recipients in violation of this Agreement)Recipients; (b) that is received from a Third Party without restriction on disclosure and without, to the knowledge of the Receiving Party, without breach of any agreement or fiduciary duty between such Third Party and the Disclosing Party; (c) that the Receiving Party can demonstrate by competent evidence was already in its possession without any limitation or restriction on use or disclosure prior to its receipt from the Disclosing Party; (d) that is generally made available to Third Parties by the Disclosing Party without any restriction imposed by the Disclosing Party on 37 disclosure, whether such restriction is by contract, fiduciary duty or by operation of law; or (e) that the Receiving Party can demonstrate by competent evidence was independently developed by the Receiving Party without use of or any reference to the Confidential Information.