Common use of Exclusions from Confidentiality Clause in Contracts

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. 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 lawfully 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. 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 Partydisclosing party.