Exclusion of protection. Notwithstanding the above, Confidential Information excludes information which:
Exclusion of protection. Notwithstanding the above, Confidential Information excludes information which: is already publicly known at the time of its disclosure by the Notifier to the Recipient or become publicly known thereafter without any breach of the terms herein; was known to the Recipient prior to the disclosure (subject to the provision of appropriate evidence or a written record of such disclosure); is subsequently made available to the Recipient by a third party that acquired it legally and has no confidentiality obligation towards the Notifier; becomes publicly accessible in a way other than the violation of the Recipient’s confidentiality obligation (i.e. other than the result of the Recipient’s fault or omission); is (or was) developed/acquired by employees, advisors or representatives of the Recipient completely independently of its provision stipulated in this Contract (to be sufficiently demonstrated) without violating the provisions hereof or access to any Confidential Information concerning the Parties; or is or was provided by the Recipient based on a binding and final act of a public authority (including a requirement of control and audit authorities to submit the documents).
