Exclusions from Confidentiality. The obligation of nondisclosure and restricted use imposed on each Recipient under this Article 23 (Financial Compliance) shall not extend to any portion(s) of the Financial Compliance Information which (a) was known to such Recipient prior to receipt; (b) without the fault of such Recipient, is available or becomes available to the general public; or (c) is received by such Recipient from a third party not bound by an obligation or duty of confidentiality.
Exclusions from Confidentiality. The obligation of nondisclosure and restricted use imposed on each Recipient under this Article 24 (Financial Compliance) shall not extend to any portion(s) of the Financial Compliance Information which (i) was known to such Recipient prior to receipt, or (ii) without the fault of such Recipient is available or becomes available to the general public, or (iii) is received by such Recipient from a Third Party not bound by an obligation or duty of confidentiality. Consolidation. Company does not want to be subject to consolidation as set forth in FASB ASC 810, as issued and amended from time to time by FASB.
Exclusions from Confidentiality. Notwithstanding anything to the contrary in this Agreement, the receiving party shall have no liability to the disclosing party for the use or disclosure of any Confidential Information that the receiving party can establish by written documentation to:
(a) have been publicly known prior to disclosure by the disclosing party of such information to the receiving party;
(b) have become publicly known without fault on the part of the receiving party, subsequent to disclosure to the receiving party;
(c) have been received by the receiving party at any time from a source, other than the disclosing party, lawfully having possession of and the right to disclose such information;
(d) have been otherwise known by the receiving party prior to disclosure by the disclosing party to the receiving party of such information; or
(e) have been independently developed by the receiving party without use of information disclosed by the Disclosing Party.
Exclusions from Confidentiality. The obligations regarding confidentiality set out in this Agreement shall not apply to information which:
(a) was in the recipient's possession before receipt from the disclosing party, as established by written records;
(b) is or becomes a matter of public knowledge without breach of the Agreement by the recipient;
(c) is received by the recipient from a third party which had no duty of confidentiality with respect to it;
(d) is independently developed by the recipient, as established by written records;
(e) is required to be disclosed by law or valid court order, or
(f) is disclosed by the recipient with the disclosing party’s prior written approval.
Exclusions from Confidentiality. Notwithstanding the foregoing provisions of this Section 7.1, the obligations of confidentiality and non-use shall not apply to Know-How that: (i) was in the receiving party's possession before receipt from MIL and obtained from a source other than MIL and other than through the prior relationship of MIL and Mykrolis before the Separation Date; (ii) is or becomes a matter of public knowledge through no fault of the receiving party; (iii) is rightfully received by the receiving party from a Third Party without a duty of confidentiality; (iv) is disclosed by the disclosing party to a Third Party without a duty of confidentiality on the Third Party; (v) is independently developed by the receiving by one who has not access to or been advised of the Licensed Know-How; or (vi) is disclosed by the receiving party with the disclosing party's prior written approval.
Exclusions from Confidentiality. Confidential Information does not include any information that, without breach of any obligation owed to the disclosing party: (i) is or becomes generally known to the public, (ii) was known to the receiving party prior to its disclosure by the disclosing party, (iii) was independently developed by the receiving party without breach of this Agreement, or (iv) is received from a third party. If the receiving party is compelled by law to disclose Confidential Information of the disclosing party, it will provide the disclosing party with prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.
Exclusions from Confidentiality. The provisions of this section 13 shall not apply to Proprietary Information of a disclosing party: (i) if the receiving party canprove that it was in its possession or knowledge prior to the execution of this Agreement, (ii) to the extent the disclosure is required by the receiving party to either defend any action or claim made against it or to compel performance or seek any other remedy relating to the performance of this Agreement, (iii) to the extent that the receiving party can prove that such Proprietary Information of such party is in the public domain through no act or omission of the receiving party, or (iv) if the receiving party has rightfully obtained such Proprietary Information of such party in good faith from third parties withoutobligations of confidence.
Exclusions from Confidentiality. 26 11.3 Buyer's Confidential Information........................................................................26 11.4
Exclusions from Confidentiality. The foregoing restrictions do not apply to information which: (i) is contained in a printed publication which was released to the public by Seller prior to the date of this Contract or is disclosed by Seller without restriction either prior to or subsequent to the receipt by Buyer of such information; (ii) is, or becomes, publicly known otherwise than through a wrongful act of Buyer, its employees, or agents; (iii) is in the possession of Buyer, its employees, or agents prior to receipt from Seller, provided that the person or persons providing the same have not had access to the information from Seller; (iv) is developed independently by Buyer, its agents or employees without use of Seller's confidential information; (v) is required to be disclosed by a court, governmental or regulatory body; or (vi) is approved in writing by Seller for disclosure by Buyer, its agents or employees to a third party not bound by the confidentiality obligations afforded to Seller under Section 11.1 above.
Exclusions from Confidentiality. Confidential Information excludes information that: (A) was rightfully in Recipient's possession without any obligation of confidentiality before receipt from the Discloser; (B) is or becomes a matter of public knowledge through no fault of Recipient; (C) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (D) is independently developed by or for Recipient without use or access to the Confidential Information. Recipient may disclose Confidential Information if required by law, but it will attempt to provide notice to the Discloser in advance so that Discloser may seek a protective order, and Recipient shall reasonably cooperate with Discloser in connection with the same. Each Party acknowledges that any misuse of the other Party’s Confidential Information may cause irreparable harm for which there is no adequate remedy at law and as such, either Party may seek immediate injunctive relief in such event.
