Common use of Exclusions from Nondisclosure and Nonuse Obligations Clause in Contracts

Exclusions from Nondisclosure and Nonuse Obligations. (i) Confidential Information does not include information that (A) Recipient can prove it already knew at the time of receipt from Discloser; (B) has come into the public domain without breach of confidence by Recipient; (C) was received by Recipient from a third party without restrictions on its use; (D) Recipient can prove it independently developed without use of or reference to Discloser’s data or information; or (E) Discloser agrees in writing is free of such restrictions.