Common use of Exceptions to Non-Disclosure Clause in Contracts

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either Party as shown through documentation; or (c) is subsequently disclosed to either Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 3 above, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if the Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 6, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 9.3.1 and 9.2.2 9.3.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either Party as shown through documentation; or (c) is subsequently disclosed to either Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 9.3.1 and 9.2.29.3.2, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information the Protected Data is disclosed to a third party when the Confidential Information:Protected Data: Market Modeling Protected Data NDA 11/11/2020 (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 aboveParagraph 3 of this Agreement, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if the Confidential Information is disclosed to a third party Third Party when the Confidential Information: (a) a. was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) b. had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) c. is subsequently disclosed to either the Receiving Party by a third party Third Party without restriction on use and without breach of any agreement or legal duty; or; (d) d. subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 6 of this Agreement, is used or disclosed pursuant to a statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if the Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each Party a party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a toa third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or disclosureor is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either Party as shown through documentation; or (c) is subsequently disclosed to either Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.. Coordinated Functional Registration Agreement

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each Party a party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either Party as shown through documentation; or (c) is subsequently disclosed to either Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2, is used or disclosed pursuant to statutory duty or an order, subpoena or COORDINATED FUNCTIONAL REGISTRATION AGREEMENT other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 Paragraph 2 above, each the Receiving Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information the Protected Data is disclosed to a third party when the Confidential Information:Protected Data: Market Modeling Protected Data NDA 1/01/2020 (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either the Receiving Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either the Receiving Party as shown through documentation; or (c) is subsequently disclosed to either the Receiving Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2Paragraph 5, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction.

Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information: (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by either Party at the time of disclosure through other means without restriction on its use, or had been independently developed by either Party as shown through documentation; or (c) is subsequently disclosed to either Party by a third party without restriction on use and without breach of any agreement or legal duty; or (d) subject to the provisions of Sections 9.2.1 and 9.2.2, is used or disclosed pursuant to statutory duty or an order, subpoena or Coordinated Functional Registration Agreement other lawful process issued by a court or other governmental authority of competent jurisdiction.