Exceptions to Obligations of Confidentiality. The obligation of confidentiality imposed by this Agreement shall not apply to information that appears in issued patents or printed publications, that otherwise becomes generally known in the industry through no act of the Executive in breach of this Agreement, or that is required to be disclosed by court order or applicable law.
Exceptions to Obligations of Confidentiality. The obligations in clauses 7.1 and 7.2 do not apply to the extent that a party is required by law to disclose the other party's Confidential Information, provided the party promptly gives notice to the other party of that requirement and discloses only that portion of Confidential Information which it is legally required to disclose.
Exceptions to Obligations of Confidentiality. CSU Data Classification Standard, identified in (xxxx://xxx.xxxxxxxx.xxx/icsuam/sections/8000/8065_FINAL_DRAFT_Data_Classification_CW_ V4.pdf), obligations of confidentiality shall not apply to any information that:
a. Contractor rightfully has in its possession when disclosed to it, free of obligation to the CSU to maintain its confidentiality;
b. Contractor independently develops without access to CSU Protected Data;
c. Is or becomes known to the public other than by breach of this contract;
d. The CSU or its agent releases without restriction; or
Exceptions to Obligations of Confidentiality. The burden of proving the existence of an exception to the confidentiality obligations set out in this clause 11.3 shall always be on the Party seeking to avail itself of such exception, including in dispute resolution or court proceedings brought by the Disclosing Party, including where arbitration or court procedural rules would otherwise impose the burden of proof on the Disclosing Party. Nothing in this Agreement prohibits the use or disclosure by the Recipient of any particular Confidential Information of the Disclosing Party by a Party to the extent that:
(a) the information has become generally available public knowledge other than due to a violation of this Agreement;
(b) based on the written advice of such Party’s legal counsel, the disclosure is expressly required by Law, but in the event of any such proposed disclosure, such Party required to make such disclosure shall give the Disclosing Party reasonable advance written notice of the disclosure, including specifying the Confidential Information to be disclosed, the content of such disclosure (as it relates to such Confidential Information, and the circumstances necessitating such disclosure. The Recipient will reasonably co-operate with the Disclosing Party in order to minimise the amount of Confidential Information disclosed under this Clause 11.3(b) and, if requested by the Disclosing Party, the Recipient will seek measures protecting such disclosure and protecting against further disclosure, or any misuse or misappropriation of such Confidential Information;
(c) the information has been independently developed by the Party without reference to the Confidential Information of the Disclosing Party;
(d) the information has been lawfully obtained by the Party from a third party source under no obligation of confidentiality to the Disclosing Party, provided that such third party source itself lawfully obtained the Confidential Information; or
(e) the Disclosing Party has approved in writing the particular use or disclosure of the Confidential Information.
Exceptions to Obligations of Confidentiality. The obligations in clauses 10.1 and 10.2 do not apply to the extent that Novogen Laboratories is required by law to disclose the Confidential Information, provided that it promptly gives notice to MEPL of that requirement and discloses only that portion of the Confidential Information which it is legally required to disclose.
Exceptions to Obligations of Confidentiality. Notwithstanding the provisions of Paragraph 5.1 above, and to the extent necessary:
(a) a party may disclose and use the other party's information for purposes of securing the registration of, and of governmental approval to market, pursuant to this Agreement, any Drug Substance, Product, and/or Combination Products;
(b) a party may disclose and use the other party's information where the disclosure and use of such will be necessary to the procurement of patent protection, pursuant to this Agreement, for any Drug Substance, Product, ,and/or Combination Products;
(c) a party may disclose and use the other party's information to the extent that it is necessary to aid in the development and commercialization, pursuant to this Agreement, of any Drug Substance, Product, and/or Combination Products provided that any such disclosure of the disclosing party's information shall be in confidence and subject to provisions the same, or substantially the same, as those in Paragraph 5.1 hereof;
(d) a party may disclose the other party's information to the extent required by applicable law; and
(e) Microbiologica may disclose the Microbiologica Technology to a third party to commercialize the Microbiologica Technology in areas other than the Field, provided that any such disclosure of the Microbiologica Technology will be in confidence and subject to provisions the same or substantially the same, as those in Paragraph 5.1 hereof.
Exceptions to Obligations of Confidentiality. The obligations of confidentiality imposed by this CIEA shall not apply to any information which: (a) is rightfully received by the receiving party from a third party without accompanying markings or disclosure restrictions; (b) is independently developed by the receiving party without use of the confidential information; (c) is or becomes publicly available through no wrongful act of the receiving party; (d) is already known by the receiving party without an obligation of confidentiality; (e) is disclosed without identification and appropriate markings as further described in Paragraph 4; or (f) is approved for release in writing by an authorized representative of the disclosing party.
Exceptions to Obligations of Confidentiality. The parties' respective obligations under this Agreement shall not apply to any Confidential Information that (a) has become part of the public domain at the time of disclosure, except by breach of this Agreement; or (b) was already in the lawful possession of the receiving party prior to the time of disclosure; or (c) is received by or R2FACT from a third party who asserts that they have a legitimate and lawful right to disclose such information.
Exceptions to Obligations of Confidentiality a. Clause 10.1 will not apply to Confidential Information to the extent that:
i. such Confidential Information has been placed in the public domain other than through the fault of the Recipient;
ii. such Confidential Information has been independently developed by the Recipient without reference to the Confidential Information of the Discloser;
iii. the Discloser has approved in writing the particular use or disclosure of the Confidential Information;
iv. such Confidential Information was already known by the Recipient prior to the disclosure without an obligation of confidentiality;
v. such Confidential Information is independently received from a third party without any obligation of confidence and the Recipient has made reasonable enquiries that the third party owed no obligation of confidence to the Discloser; or
vi. such Confidential Information is disclosed in circumstances where such disclosure is a "protected disclosure" as defined in section 43A of the Employment Rights Act 1996.
Exceptions to Obligations of Confidentiality. The obligations in clause 10.1 do not apply to a Recipient if:
(a) (agreement) the Discloser has first agreed in writing to the particular disclosure, use, or copying;
(b) (person needs to know) the information is disclosed to an officer or employee of the Recipient who needs to know the information concerned to perform his or her duties, or to a professional adviser, banker or financial adviser of the Recipient, or to someone whose consent is required under this document or for a transaction contemplated by it, and that person makes an undertaking to the Discloser (which the Recipient must ensure that person observes):
(i) (no further disclosure) not to disclose any of the Confidential Information in any form to anyone else; and
(ii) (limited use) only to use the Confidential Information in a manner consistent with clause 10.1(b) for the purposes of performing his or her duties to the Recipient, or advising the Recipient, or financing the Recipient, or considering whether to give that consent (as the case may be); or
(c) (required by law) disclosure of any Confidential Information is required to comply with any applicable law or requirement of any Government Agency or regulatory body (including any relevant stock exchange).
