Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that:
8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party;
8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party;
8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement;
8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances;
8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party;
8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.
Excluded Confidential Information. The obligations of the receiving party pursuant to the provisions of this agreement shall not apply to any confidential information that:
Excluded Confidential Information. Confidential Information does not include information that Executive can prove (a) was known by or in the possession of Executive prior to employment with the Company through means other than as a result of past relationships or business dealings between Executive and the Company or its vendors, suppliers, or customers; (b) consists in whole or in part of any Prior Intellectual Property (defined below in Section 6); or (c) is known to or readily discoverable by others not under an obligation of confidentiality.
Excluded Confidential Information. Notwithstanding the presumption contained in Section 2 hereof, information, data, documents, analyses, compilations, studies, records, proposals, correspondence, reports, and other materials shall be deemed not to be Confidential Information under this Agreement to the extent that they: d44444(a) are, at the time of disclosure, available to the general public or the Discloser’s business community; or e55555(b) must be disclosed pursuant to applicable law or the order of a court of competent jurisdiction or the order of a governmental regulator with jurisdiction over the Receiver, its subsidiaries or their respective assets; or f66666(c) following disclosure, become generally available to the public or the Discloser’s business community other than as a result of unauthorized disclosure by the Receiver or its Representatives (as defined below); or g77777(d) have been released without restriction by the Discloser to another person not covered by an agreement similar in terms to this Agreement; or h88888(e) can be shown by written documentation to have been received by the Receiver on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such material to the Receiver; or i99999(f) can be shown by the Receiver to be in the Receiver’s rightful possession prior to disclosure by the Discloser; or j1010101010(g) can be shown by the Receiver’s records to have been independently developed by the Receiver without direct or indirect access to the Confidential Information provided by the Discloser to the Receiver.
Excluded Confidential Information. 7.1 The obligations of the Parties pursuant to the provisions of this Confidentiality and Non- Disclosure Agreement shall not apply to any Confidential Information that:
7.1.1 is known to, or in the possession of the Party prior to disclosure thereof by the other Party;
7.1.2 is or becomes publicly known, otherwise than as a result of a breach of this Confidentiality and Non-Disclosure Agreement by the Party;
7.1.3 is developed independently of the Party by the other Party in circumstances that do not amount to a breach of the provisions of this Confidentiality and Non-Disclosure Agreement;
7.1.4 is disclosed by the Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Party shall advise the other one to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Party will disclose only that portion of the information which it is legally required to disclose and the Party will use its reasonable endeavours to protect the confidentiality of such information to the greatest extent possible in the circumstances;
7.1.5 is disclosed to a third party pursuant to the prior written authorisation of the Party;
7.1.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Confidentiality and Non-Disclosure Agreement.
Excluded Confidential Information. Licensee shall not provide to Esri or disclose to the instructor any data or information that is personally identified information (PII), including, but not limited to, GLBA or HIPAA type data or information, or critical infrastructure information (CII) from the US Department of Homeland Security. Notwithstanding anything in this Addendum to the contrary, Esri retains the right to refuse acceptance of any nonpublic personal information (NPI) or customer information regardless of the form of disclosure. Esri will only accept receipt of information from Licensee that comports with the exceptions set forth in Subsections 4(B) and 4(C)(ii) of Section 509 of the Xxxxx-Xxxxx- Xxxxxx Act (PL 106-102) (15 USC Section 6809) and implementing regulations thereof.
Excluded Confidential Information. Nothing in this agreement shall apply to any Confidential Information or material which:
(a) at the time of its disclosure is in the public domain;
(b) after disclosure comes into the public domain for any reason except by failure to comply with the terms of this agreement;
(c) was lawfully in either party’s possession prior to such disclosure;
(d) is subsequently received by either party from a third party who is not in breach of any obligation of confidentiality owed in respect of the information; or
(e) either party is required to disclose, retain or maintain by applicable law or regulation or under the rules of any relevant regulatory or government authority, provided that each party shall give the other party reasonable advance written notice of such proposed disclosure and the disclosing party shall use its reasonable endeavours to secure confidential treatment of any such information disclosed.
Excluded Confidential Information. The following information shall not be considered as Confidential Information for the purpose of this Agreement if it is disclosed by the Employee with the prior written permission and approval of the Employer:
Excluded Confidential Information. The obligations imposed by this Agreement shall not apply with respect to any portion of Confidential Information or Work Product which (i) has been approved in writing for release by the Disclosing Party; or (ii) is required to be disclosed pursuant to law or to a final and binding order of a governmental agency or court of competent jurisdiction, provided that the Disclosing Party has been given reasonable notice of the pendency of such disclosure and the opportunity to object, the Receiving Party discloses only such Confidential Information or Work Product as must be disclosed under the circumstances, and the Receiving Party uses its reasonable efforts to secure confidential treatment of such Confidential Information or Work Product.
Excluded Confidential Information. The obligations imposed by this Agreement shall not apply with respect to any portion of Confidential Information which (i) has been approved for release by written authorization of the Disclosing Party; or (ii) is required to be disclosed pursuant to a final and binding order of a governmental agency or court of competent jurisdiction, provided that the Disclosing Party has been given reasonable notice of the pendency of such an order and the opportunity to contest such order, Recipient discloses only such Confidential Information required to be disclosed by such order, and Recipient uses its best efforts to secure confidential treatment of such Confidential Information.
