Common use of Exclusions from Confidentiality Clause in Contracts

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. 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 MMI 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.