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

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s obligations under Section 9 (Nondisclosure and Nonuse Obligations) will not apply to any Confidential Information that Contractor can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. A disclosure of any Confidential Information by Contractor (i) in response to a valid order by a court or other governmental body or (ii) as otherwise required by law will not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. ContractorREDWOOD’s obligations under Section 9 (Nondisclosure and Nonuse Obligations) will 7.1 shall not apply to any Confidential Information that Contractor REDWOOD can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor REDWOOD by Company through no fault of ContractorREDWOOD; (b) was rightfully in ContractorREDWOOD’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor REDWOOD by Company; or (c) was developed by employees or agents of Contractor REDWOOD independently of and without reference to any Confidential Information communicated to Contractor REDWOOD by Company. A disclosure of any Confidential Information by Contractor REDWOOD (i) in response to a valid order by a court or other governmental body or body; or, (ii) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will REDWOOD shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s obligations under Section 9 5.2 (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor can demonstrate (a) becomes generally known or was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s 's obligations under Section 9 5.2. (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s 's possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. ., A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such sash disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. ContractorPILLAR’s obligations under Section 9 (Nondisclosure and Nonuse Obligations) will 5.1 shall not apply to any Confidential Information that Contractor PILLAR can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor PILLAR by Company through no fault of ContractorPILLAR; (b) was rightfully in ContractorPILLAR’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor PILLAR by Company; or (c) was developed by employees or agents of Contractor PILLAR independently of and without reference to any Confidential Information communicated to Contractor PILLAR by Company. A disclosure of any Confidential Information by Contractor PILLAR (i) in response to a valid order by a court or other governmental body or body; or, (ii) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will PILLAR shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s 's obligations under Section 9 the previous Paragraph (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s 's possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. ContractorConsultant’s obligations under Section 9 5.2 (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor Consultant can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor Consultant by Company through no fault of ContractorConsultant; (b) was rightfully in ContractorConsultant’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor Consultant by Company; or (c) was developed by employees of Contractor Consultant independently of and without reference to any Confidential Information communicated to Contractor Consultant by Company. A disclosure of any Confidential Information by Contractor Consultant (i) in response to a valid order by a court or other governmental body or (ii) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will Consultant shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. ContractorRecipient’s obligations under Section 9 (Nondisclosure and Nonuse Obligations) will 2 do not apply to any Confidential Information that Contractor Recipient can demonstrate document (a) was in the public domain at or subsequent to the time such the Confidential Information was communicated to Contractor Recipient by Company through no fault of ContractorRecipient; (b) was rightfully in ContractorRecipient’s possession free of any obligation of confidence at or subsequent to the time such the Confidential Information was communicated to Contractor Recipient by Company; or (c) was independently developed by employees employees, contractors or agents of Contractor independently of and Recipient without use of, or reference to to, any Confidential Information communicated to Contractor by CompanyInformation. A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will provide Recipient provides prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such the disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s obligations under Section 9 5.2 (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. ContractorConsultant’s obligations under Section 9 5.2 (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor Consultant can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor Consultant by Company through no fault of ContractorConsultant; (b) was rightfully in ContractorConsultant’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor Consultant by Company; or (c) was developed by employees of Contractor Consultant independently of and without reference to any Confidential Information communicated to Contractor Consultant by Company. A disclosure of any Confidential Information by Contractor Consultant (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will Consultant shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Contractor’s obligations under Section 9 5 F (Nondisclosure and Nonuse Obligations) will shall not apply to any Confidential Information that Contractor can demonstrate (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Contractor by Company through no fault of Contractor; (b) was rightfully in Contractor’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Contractor by Company; or (c) was developed by employees of Contractor independently of and without reference to any Confidential Information communicated to Contractor by Company. A disclosure of any Confidential Information by Contractor (ia) in response to a valid order by a court or other governmental body or (iib) as otherwise required by law will shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Contractor will shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.