Common use of Exceptions to obligations Clause in Contracts

Exceptions to obligations. The provisions of Clause 2.1 shall not apply to know-how and other information which the Receiving Party can demonstrate by reasonable, written evidence: 2.2.1 was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or 2.2.2 is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or 2.2.3 is or becomes generally available to the public through no act or default of the Receiving Party or its employees, Affiliates or sub-licensees; or 2.2.4 the Receiving Party is required to disclose to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, provided that the Receiving Party shall: 2.2.4.1 inform the Disclosing Party as soon as is reasonably practicable; and, 2.2.4.2 at the Disclosing Party’s request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s procedures.

Exceptions to obligations. The provisions of Clause 2.1 3.1 shall not apply to know-how and other information which the Receiving Party can demonstrate by reasonable, written evidence: 2.2.1 3.2.1 was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or 2.2.2 3.2.2 is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or 2.2.3 3.2.3 is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates Affiliates, or sub-licensees; or 2.2.4 3.2.4 the Receiving Party is required to disclose to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, provided that the Receiving Party shall: 2.2.4.1 3.2.4.1 inform the Disclosing Party as soon as is reasonably practicable; and, 2.2.4.2 3.2.4.2 at the Disclosing Party’s request seek to persuade the court, court agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s procedures.

Exceptions to obligations. The provisions of Clause 2.1 3.1 shall not apply to know-how and other information which the Receiving Party can demonstrate by reasonable, written evidence: 2.2.1 3.2.1 was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or 2.2.2 3.2.2 is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or 2.2.3 3.2.3 is or becomes generally available to the public through no act or default of the Receiving Party or its employees, Affiliates or sub-licensees; or 2.2.4 the 3.2.4 t he Receiving Party is required to disclose to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, provided that the Receiving Party shall: 2.2.4.1 3.2.4.1 inform the Disclosing Party as soon as is reasonably practicable; and, 2.2.4.2 3.2.4.2 at the Disclosing Party’s request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s procedures.

Exceptions to obligations. The provisions of Clause 2.1 3.3 shall not apply to knowKnow-how and other information which the Receiving Party can demonstrate by reasonable, written evidence: 2.2.1 (a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or 2.2.2 (b) is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or 2.2.3 (c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-licensees; or 2.2.4 (d) the Receiving Party is required to disclose to the courts of any competent jurisdiction, or to any government regulatory agency or financial authority, provided that the Receiving Party shall: 2.2.4.1 (i) inform the Disclosing Party as soon as is reasonably practicable; , and, 2.2.4.2 (ii) at the Disclosing Party’s request seek to persuade the court, agency or authority to have the information treated in a confidential manner, where this is possible under the court, agency or authority’s proceduresprocedure.