Common use of Exceptions to obligations Clause in Contracts

Exceptions to obligations. The provisions of Clause 11 shall not apply to Confidential Information which the Receiving Party can demonstrate by reasonable, written evidence: (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 (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 (c) is independently developed by the Receiving Party by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or (d) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, Personnel, or Affiliates.

Exceptions to obligations. The provisions of Clause 11 5.1 shall not apply to Confidential Information which the Receiving Party can demonstrate by reasonable, written evidence: (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 (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 (c) is independently developed by the Receiving Party by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or (d) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, Personnel, or Affiliates.

Exceptions to obligations. The provisions of Clause 11 8.1 in the Agreement shall not apply to Confidential Information which the Receiving Party can demonstrate by reasonable, written evidence: (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 (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 (c) is independently developed by the Receiving Party by individuals who have not had any direct or indirect access to the Disclosing Party’s Confidential Information; or (d) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, Personnel, or Affiliates.