Common use of Exceptions to Nondisclosure Clause in Contracts

Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, Consultant shall not be prohibited from disclosing to third parties, or using without the prior written consent of Company, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to Consultant, as evidenced by written records in the possession of Consultant, (c) is subsequently disclosed to Consultant by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by Company to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to Company which would allow Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 2 contracts

Samples: Consulting Agreement (Generation Alpha, Inc.), Consulting Agreement (Energy Telecom, Inc.)

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Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, the Consultant shall not be prohibited from disclosing to third parties, or using without the prior written consent of the Company, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to the Consultant, as evidenced by written records in the possession of Consultant, (c) is subsequently disclosed to Consultant by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by the Company to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to the Company which would allow the Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 2 contracts

Samples: Services Agreement (Trend Innovations Holding Inc.), Services Agreement (Global Boatworks Holdings, Inc.)

Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, Consultant Advisor shall not be prohibited from disclosing to third parties, or using without the prior written consent of Company, information that that: (a) was, on the date of this Agreement, generally known to the public, ; (b) is as of the date of this Agreement known to ConsultantAdvisor, as evidenced by written records in the possession of Consultant, Advisor; (c) is subsequently disclosed to Consultant Advisor by a third party who is in lawful possession of such information and is not under an obligation of confidence, ; (d) is disclosed by Company to third parties generally without restriction on use and disclosure, ; or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction; PROVIDED, providedHOWEVER, however, that reasonable notice prior to any disclosure as required by applicable law or court process shall be given to Company which would allow Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 1 contract

Samples: Advisory Agreement (Utix Group Inc)

Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, Consultant The AGENT shall not be prohibited from disclosing to third parties, or using without the prior written consent of the Company, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to Consultantthe AGENT, as evidenced by written records in the possession of Consultantthe AGENT, (c) is subsequently disclosed to Consultant the AGENT by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by the Company to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to the Company which would allow the Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 1 contract

Samples: Placement Agency Agreement (Arkanova Energy Corp)

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Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, Consultant shall not be prohibited from disclosing to third parties, or using without the prior written consent of Company, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to ConsultantConsultant on a non-confidential basis, as evidenced by written records in the possession of Consultant, (c) is subsequently disclosed to Consultant by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by Company to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to Company which would allow Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 1 contract

Samples: Consulting Agreement (Energy Telecom, Inc.)

Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, Consultant CONSULTANT shall not be prohibited from disclosing to third parties, or using without the prior written consent of CompanyCOMPANY, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to ConsultantCONSULTANT, as evidenced by written records in the possession of ConsultantCONSULTANT, (c) is subsequently disclosed to Consultant CONSULTANT by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by Company COMPANY to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to Company COMPANY which would allow Company COMPANY sufficient time to attempt to obtain injunctive relief in respect to such disclosure.

Appears in 1 contract

Samples: Consultant Agreement (Red Reef Laboratories International Inc)

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