Exceptions to Nondisclosure Obligations Sample Clauses

Exceptions to Nondisclosure Obligations. The provisions of Section 8.1 shall not apply to (i) information disclosed in the performance of the Executive's duties to the Company based on his good faith belief that such disclosure is in the best interests of Company; (ii) information that is public knowledge; (iii) information disseminated by the Company to third parties in the ordinary course of business; (iv) information lawfully received by the Executive from a third party who, based upon inquiry by the Executive, is not bound by a confidential relationship to the Company; (v) information disclosed under a requirement of law or as directed by applicable legal authority having jurisdiction over the Executive; or (vi) information necessary in order to enforce his rights under this Agreement or necessary to defend himself against a claim asserted directly or indirectly by the Company or any of its affiliated companies.

Exceptions to Nondisclosure Obligations. The obligations of this Clause 9 do not apply to Residual Knowledge or information which (i) was in the Receiving Party’s rightful possession without an obligation of confidentiality before receipt from the Disclosing Party, or (ii) is or becomes a matter of public knowledge through no fault of the Receiving Party, or (iii) is rightfully received by the recipient from a third party without a duty of confidentiality, or (iv) is independently developed by the Receiving Party without reliance on the Confidential Information, or (v) is required to be disclosed under operation of law (in which case, the party concerned will endeavor to notify the other party within a reasonable time prior to disclosure and to allow the other party a reasonable opportunity to seek appropriate protective measures or other remedies prior to disclosure).

Exceptions to Nondisclosure Obligations. Notwithstanding the --------------------------------------- above, the receiving party shall have no liability to the disclosing party with regard to Confidential Information or Reseller Confidential Information which: (i) was generally known and available in the public domain at the time it was disclosed or becomes generally known and available in the public domain through no fault of the receiving party; (ii) was known to the receiving party at the time of disclosure as shown by the files of the receiving party in existence at the time of disclosure; (iii) is disclosed with the prior written approval of the disclosing party; (iv) is independently developed by the receiving party without any use of Confidential Information and by employees or other agents of the receiving party who have not been exposed to such Confidential Information: (v) becomes known to the receiving party from a source other than the disclosing party without breach of this Agreement by the receiving party and otherwise not in violation of the disclosing party's rights; or (vi) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, that the receiving party shall provide prompt, advance notice thereof to enable the disclosing party to seek a protective order or otherwise prevent such disclosure, and provided that the receiving party's disclosure is limited to the extent expressly required by such court, administrative agency or other governmental body.

Exceptions to Nondisclosure Obligations. The obligations of this --------------------------------------- Section 5 do not apply to information which was in the recipient's rightful possession without an obligation of confidentiality before receipt from the disclosing party, or is or becomes a matter of public knowledge through no fault of the recipient, or is rightfully received by the recipient from a third party without a duty of confidentiality, or is independently developed by the recipient without reliance on the CONFIDENTIAL INFORMATION, or is disclosed under operation of law, or is disclosed by the disclosing party to third parties habitually without restriction on subsequent disclosure. Either party may disclose the name of the other party and the existence of this Agreement, but not its terms, without the consent of

Exceptions to Nondisclosure Obligations. The obligations of the parties under the foregoing section shall not apply to any materials or information that: (i) is or becomes a part of the public domain through no act or omission of the recipient or its employees or contractors; (ii) is known to a party at the time of disclosure as demonstrated by written documentation pre-dating such disclosure; (iii) is disclosed to a party by a third party which has a right to do so; or (iv) is required to be disclosed pursuant to an order of any competent governmental authority, court or agency, provided the disclosing party shall furnish prior notice to the other party, and give such other party an opportunity to oppose disclosure or (v) is independently developed.

Exceptions to Nondisclosure Obligations. A Party’s nondisclosure obligations set forth in Subsection 1.1 will not apply with respect to the other Party’s Confidential Information that (i) becomes available to that Party on a nonconfidential basis from a third party, provided that, to the best of that Party’s knowledge, that third party was not prohibited from disclosing that information on a nonconfidential basis at the time that third party made the disclosure, (ii) was known by or in the possession of that Party, as established by documentary evidence, prior to the receipt by that Party of the Confidential Information, or (iii) was or is independently developed by that Party, as established by documentary evidence, without reference to any Confidential Information received from the other Party or accessed as a result of the Agreement.