Common use of Excluded Information Clause in Contracts

Excluded Information. Confidential Information shall not include information: (a) which was known to the Recipient prior to the Recipient’s receipt from the Company; (b) which is now or shall hereafter become, through no act or failure to act upon the part of the Recipient in violation of this Agreement, generally or publicly known; (c) which is hereafter furnished to the Recipient by a third party acting lawfully and without restriction on disclosure; or (d) which is independently developed by the Recipient without the use of the Confidential Information.

Excluded Information. The Confidential Information shall not include information: information that (ai) which was known is or becomes generally available to the Recipient prior to the Recipient’s receipt from the Company; (b) which is now or shall hereafter become, through no act or failure to act upon the part public other than as a result of acts by the Recipient in violation breach of the terms of this Agreement, generally (ii) is independently derived by the Recipient without the aid, application, or publicly known; use of the Confidential Information, (ciii) which is hereafter furnished disclosed to the Recipient by a third party acting lawfully and without restriction Party on disclosure; a nonconfidential basis, or (div) which is independently developed required to be disclosed by the Recipient without the use of the Confidential Informationapplicable law or regulation.

Excluded Information. Confidential Information shall not include informationinformation that Recipient can provide: (a) which was known to the Recipient prior to the Recipient’s receipt from the disclosure by or on behalf of Company; (b) which is now or shall hereafter become, becomes generally or publicly known through no act or failure to act upon the part of the Recipient or any of its Representatives in violation of this Agreement, generally Agreement or publicly knownany rights of Company; (c) which is hereafter furnished to the Recipient by a third party acting lawfully and without restriction on disclosuredisclosure or violation of any rights of Company; or (d) which is independently developed by the Recipient without the use of the Confidential Information.