Common use of Excluded Information Clause in Contracts

Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that: (a) Is or becomes publicly available without the fault of the receiving Party; (b) Is obtained by the receiving Party from a source other than the disclosing Party and where such source was free of any restrictions owed to the disclosing Party on its use or disclosure; (c) Was in the receiving Party’s possession prior to the receiving Party’s receipt thereof from the disclosing Party, without any restriction owed to the disclosing Party on its use or disclosure; (d) Is required to be disclosed by operation of law, judicial or administrative procedure, decree or order or by any regulation or law, subject to Section 6.5 hereof; or (e) Is independently developed by Persons who did not have access to the Confidential Information.

Appears in 5 contracts

Samples: Supply Agreement, Supply Agreement (Hi-Crush Partners LP), Supply Agreement (Hi-Crush Partners LP)

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Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that: (a) Is or becomes publicly available without the fault of the receiving Party; (b) Is obtained by the receiving Party from a source other than the disclosing Party and where such source was free of any restrictions owed to the disclosing Party on its use or disclosure;. (c) Was in the receiving Party’s possession prior to the receiving Party’s receipt thereof from the disclosing Party, without any restriction owed to the disclosing Party on its use or disclosure; (d) Is required to be disclosed by operation of law, judicial or administrative procedure, decree or order or by any regulation or law, subject to Section 6.5 hereof; or (e) Is independently developed by Persons who did not have access to the Confidential Information.

Appears in 2 contracts

Samples: Supply Agreement (Hi-Crush Partners LP), Supply Agreement (Hi-Crush Partners LP)

Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that: (a) Is or becomes publicly available without the fault of the receiving Party; (b) Is obtained by the receiving Party from a source other than the disclosing Party and where such source was free of any restrictions owed to the disclosing Party on its use or disclosure;. (c) Was in the receiving Party’s possession prior to the receiving Party’s receipt thereof from the disclosing Party, without any restriction owed to the disclosing Party on its use or disclosure; (d) Is required to be disclosed by operation of law, judicial or administrative procedure, decree or order or by any regulation or law, subject to Section 6.5 5.5 hereof; or (e) Is independently developed by Persons who did not have access to the Confidential Information.

Appears in 2 contracts

Samples: Supply Agreement (Hi-Crush Partners LP), Supply Agreement (Hi-Crush Partners LP)

Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that: (a) Is or becomes publicly available without the fault of the receiving Party; (b) Is obtained by the receiving Party from a source other than the disclosing Party and where such source was free of any restrictions owed to the disclosing Party on its use or disclosure; (c) Was in the receiving Party’s possession prior to the receiving Party’s receipt thereof from the disclosing Party, without any restriction owed to the disclosing Party on its use or disclosure; (d) Is required to be disclosed by operation of law, judicial or administrative procedure, decree or order or by any regulation or lawlaw (including any rules and regulations promulgated by the Securities and Exchange Commission), subject to Section 6.5 hereof; or (e) Is independently developed by Persons who did not have access to the Confidential Information.

Appears in 2 contracts

Samples: Supply Agreement (Hi-Crush Partners LP), Supply Agreement (Hi-Crush Partners LP)

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Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that: (a) Is is or becomes publicly available without the fault of the receiving Party; (b) Is is obtained by the receiving Party from a source other than the disclosing Party and where such source was free of any restrictions owed to the disclosing Party on its use or disclosure; (c) Was was in the receiving Party’s possession prior to the receiving Party’s receipt thereof from the disclosing Party, without any restriction owed to the disclosing Party on its use or disclosure; (d) Is is required to be disclosed by operation of law, judicial or administrative procedure, decree or order or by any regulation or law, subject to Section 6.5 hereoflaw (including any rules and regulations promulgated by the Securities and Exchange Commission); or (e) Is is independently developed by Persons who did not have access to the Confidential Information.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Hi-Crush Partners LP)

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