Common use of Exceptions to obligations Clause in Contracts

Exceptions to obligations. Notwithstanding anything to the contrary contained in this Agreement, the Receiving Party shall not be obligated to treat as confidential or otherwise be subject to the restrictions on use, disclosure or treatment contained in this Agreement for, any Confidential Information of the Disclosing Party which is: a) rightfully known to the Receiving Party prior to its disclosure by the Disclosing Party; b) publicly available through no breach of the Receiving Party c) independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or d} publicly available or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, of the applicable legal requirements before such disclosure occurs so as to enable the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally required.

Exceptions to obligations. Notwithstanding anything The provisions of Clause 3.1 shall not apply to the contrary contained in this Agreement, Confidential Information which the Receiving Party shall not be obligated can demonstrate by reasonable, written evidence: was, prior to treat as confidential or otherwise be subject to its receipt by the restrictions on useReceiving Party from the Disclosing Party, disclosure or treatment contained in this Agreement for, any Confidential Information the possession of the Disclosing Receiving Party which is: a) rightfully known and at its free disposal; or is subsequently disclosed to the Receiving Party prior to its disclosure without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; b) publicly available through no breach of the Receiving Party c) ; or is independently developed by the Receiving Party without use by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, or Affiliates. Disclosure in accordance with legal obligations. To the extent that the Receiving Party is required to disclose any of the Disclosing Party's ’s Confidential Information; Information by order of a court or d} publicly available other public body that has jurisdiction over it or later becomes publicly available without violation under other legal obligations, such as under a bona fide freedom of this Agreement or information request, it may be lawfully obtained by do so, provided that, before making such a party from any non-party. In addition, disclosure the Receiving Party may disclose Confidential Information shall, unless the circumstances prohibit: inform the Disclosing Party of the proposed disclosure as soon as possible, in any event, no later than five (5) working days after becoming aware of the proposed disclosure; and permit the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, make representations (written or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, otherwise) in respect of the applicable legal requirements before such disclosure occurs so as to enable and/or confidential treatment of the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally requiredConfidential Information.

Exceptions to obligations. Notwithstanding anything The provisions of Clause 6.1 shall not apply to the contrary contained in this Agreement, Confidential Information which the Receiving Party shall not be obligated can demonstrate by reasonable, written evidence: was, prior to treat as confidential or otherwise be subject to its receipt by the restrictions on useReceiving Party from the Disclosing Party, disclosure or treatment contained in this Agreement for, any Confidential Information the possession of the Disclosing Receiving Party which is: a) rightfully known and at its free disposal; or is subsequently disclosed to the Receiving Party prior to its disclosure without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; b) publicly available through no breach of the Receiving Party c) ; or is independently developed by the Receiving Party without use by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, or Affiliates. Disclosure in accordance with legal obligations. To the extent that the Receiving Party is required to disclose any of the Disclosing Party's ’s Confidential Information; Information by order of a court or d} publicly available other public body that has jurisdiction over it or later becomes publicly available without violation under other legal obligations, such as under a bona fide freedom of this Agreement or information request, it may be lawfully obtained by do so, provided that, before making such a party from any non-party. In addition, disclosure the Receiving Party may disclose Confidential Information shall, unless the circumstances prohibit: inform the Disclosing Party of the proposed disclosure as soon as possible, in any event, no later than five (5) working days after becoming aware of the proposed disclosure; and permit the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, make representations (written or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, otherwise) in respect of the applicable legal requirements before such disclosure occurs so as to enable and/or confidential treatment of the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally requiredConfidential Information.

Exceptions to obligations. Notwithstanding anything The provisions of Clause 3.1 shall not apply to the contrary contained in this Agreement, Confidential Information which the Receiving Party shall not be obligated can demonstrate by reasonable, written evidence: was, prior to treat as confidential or otherwise be subject to its receipt by the restrictions on useReceiving Party from the Disclosing Party, disclosure or treatment contained in this Agreement for, any Confidential Information the possession of the Disclosing Receiving Party which is: a) rightfully known and at its free disposal; or is subsequently disclosed to the Receiving Party prior to its disclosure without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; b) publicly available through no breach of the Receiving Party c) ; or is independently developed by the Receiving Party without use by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, or affiliates. Disclosure in accordance with legal obligations. To the extent that the Receiving Party is required to disclose any of the Disclosing Party's ’s Confidential Information; Information by order of a court or d} publicly available other public body that has jurisdiction over it or later becomes publicly available without violation under other legal obligations, such as under a bona fide freedom of this Agreement or information request, it may be lawfully obtained by do so, provided that, before making such a party from any non-party. In addition, disclosure the Receiving Party may disclose Confidential Information shall, unless the circumstances prohibit: inform the Disclosing Party of the proposed disclosure as soon as possible, in any event, no later than five (5) working days after becoming aware of the proposed disclosure; and permit the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, make representations (written or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, otherwise) in respect of the applicable legal requirements before such disclosure occurs so as to enable and/or confidential treatment of the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally requiredConfidential Information.

Exceptions to obligations. Notwithstanding anything to the contrary contained in this Agreement, the Receiving Party shall not be obligated to treat as confidential confidential, or otherwise be subject to the restrictions on use, disclosure or treatment contained in this Agreement for, any Confidential Information or Trade Secrets of the Disclosing Party which is: which: (a) is rightfully known to the Receiving Party prior to its disclosure by the Disclosing Party; ; (b) is publicly available through no breach of the Receiving Disclosing Party ; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's ’s Confidential InformationInformation or Trade Secrets; or (d} publicly available ) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. In addition, the Receiving Party may disclose Confidential Information and Trade Secrets of the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, of the applicable legal requirements before such disclosure occurs so as to enable the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally required.

Exceptions to obligations. Notwithstanding anything The provisions of Clause 3.1 shall not apply to the contrary contained in this Agreement, Confidential Information which the Receiving Party shall not be obligated can demonstrate by reasonable, written evidence: was, prior to treat as confidential or otherwise be subject to its receipt by the restrictions on useReceiving Party from the Disclosing Party, disclosure or treatment contained in this Agreement for, any Confidential Information the possession of the Disclosing Receiving Party which is: a) rightfully known and at its free disposal; or is subsequently disclosed to the Receiving Party prior to its disclosure without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; b) publicly available through no breach of the Receiving Party c) ; or is independently developed by the Receiving Party without use by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or 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. Disclosure in accordance with legal obligations. To the extent that the Receiving Party is required to disclose any of the Disclosing Party's ’s Confidential Information; Information by order of a court or d} publicly available other public body that has jurisdiction over it or later becomes publicly available without violation under other legal obligations, such as under a bona fide freedom of this Agreement or information request, it may be lawfully obtained by do so, provided that, before making such a party from any non-party. In addition, disclosure the Receiving Party may disclose Confidential Information shall, unless the circumstances prohibit: inform the Disclosing Party of the proposed disclosure as soon as possible, in any event, no later than five (5) working days after becoming aware of the proposed disclosure; and permit the Disclosing Party to the extent such disclosure is required by any rule, law, regulation, court, court order, make representations (written or government or quasi-governmental authority, provided the Receiving Party notifies the Disclosing Party, if permitted by law, otherwise) in respect of the applicable legal requirements before such disclosure occurs so as to enable and/or confidential treatment of the Disclosing Party to obtain such protection as may be available to preserve the confidentiality of such information. The Receiving Party will cooperate with the Disclosing Party in any such efforts to preserve the confidentiality of such information and will only disclose as much of such information as is legally requiredConfidential Information.