Common use of Exceptions to Non-Disclosure Clause in Contracts

Exceptions to Non-Disclosure. (a) The restrictions on use and disclosure of LNGRV Confidential Information shall not apply to such specific information as Owner can show: (i) at the time of the proposed use or disclosure by Owner, previously had been published (except publication of any patent applications of Charterer or its Affiliates) or otherwise was readily available to the general public, without any obligation of confidentiality and through no fault of Owner; or (ii) at the time of the proposed use or disclosure by Owner, was disclosed to Owner by a third party in lawful possession of such information without any obligation of confidentiality; or (iii) is known to Owner, prior to disclosure thereof by Charterer. (b) Any publication, availability to the general public, disclosure by a third party, or independent development of information that is more general than the LNGRV Confidential Information shall not release Owner from its obligations of confidentiality or nonuse with respect to the more specific portions of the LNGRV Confidential Information. Similarly, the publication, availability to the general public, disclosure by a third party, or independent development of individual steps of a process or elements of a device or apparatus shall not release Owner from its obligations of confidentiality and nonuse with respect to combinations of steps or elements contained in the LNGRV Confidential Information unless the specific combination itself has been published, made available to the general public, disclosed by a third party, or independently developed. As mentioned above in section 47.2(a)(i), publication of any patent applications of Charterer shall not relieve Owner of its obligations of nondisclosure and non-use.”

Exceptions to Non-Disclosure. (a) The restrictions on use and disclosure of LNGRV Confidential Information shall not apply to such specific information as Owner can show: (i) at the time of the proposed use or disclosure by Owner, previously had been published (except publication of any patent applications of Charterer or its Affiliates) or otherwise was readily available to the general public, without any obligation of confidentiality and through no fault of Owner; or (ii) at the time of the proposed use or disclosure by Owner, was disclosed to Owner by a third party in lawful possession of such information without any obligation of confidentiality; or (iii) is known to Owner, prior to disclosure thereof by Charterer. (b) Any publication, availability to the general public, disclosure by a third party, or independent development of information that is more general than the LNGRV Confidential Information shall not release Owner from its obligations of confidentiality or nonuse with respect to the more specific portions of the LNGRV Confidential Information. Similarly, the publication, availability to the general public, disclosure by a third party, or independent development of individual steps of a process or elements of a device or apparatus shall not release Owner from its obligations of confidentiality and nonuse with respect to combinations of steps or elements contained in the LNGRV Confidential Information unless the specific combination itself has been published, made available to the general public, disclosed by a third party, or independently developed. As mentioned above in section 47.2(a)(i47.33(a)(i), publication of any patent applications of Charterer shall not relieve Owner of its obligations of nondisclosure and non-usenonuse.”

Exceptions to Non-Disclosure. (a) The restrictions on use and disclosure of LNGRV Confidential Information shall not apply to such specific information as Owner can show: (i) at the time of the proposed use or disclosure by Owner, previously had been published (except publication of any patent applications of Charterer or its Affiliates) or otherwise was readily available to the general public, without any obligation of confidentiality and through no fault of Owner; or (ii) at the time of the proposed use or disclosure by Owner, was disclosed to Owner by a third party in lawful possession of such information without any obligation of confidentiality; or (iii) is known to Owner, prior to disclosure thereof by Charterer. (b) Any publication, availability to the general public, disclosure by a third party, or independent development of information that is more general than the LNGRV Confidential Information shall not release Owner from its obligations of confidentiality or nonuse with respect to the more specific portions of the LNGRV Confidential Information. Similarly, the publication, availability to the general public, disclosure by a third party, or independent development of individual steps of a process or elements of a device or apparatus shall not release Owner from its obligations of confidentiality and nonuse with respect to combinations of steps or elements contained in the LNGRV Confidential Information unless the specific combination itself has been published, made available to the general public, disclosed by a third party, or independently developed. As mentioned above in section 47.2(a)(i46.3(a)(i), publication of any patent applications of Charterer shall not relieve Owner of its obligations of nondisclosure and non-usenonuse.”