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

Exclusions from Nondisclosure and Nonuse Obligations. Recipient’s obligations under Section 2 (Nondisclosure and Nonuse Obligations) shall not apply to any of Discloser’s Confidential Information that Recipient can document: (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Recipient by Discloser through no fault of Recipient; (b) was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Recipient by such Discloser; (c) was developed by employees or agents of Recipient independently of and without reference to any of Discloser’s Confidential Information; or (d) was communicated by Discloser to an unaffiliated third party free of any obligation of confidence. A disclosure by Recipient of any of Discloser’s Confidential Information (a) in response to a valid order by a court or other governmental body; (b) as otherwise required by law; or

Exclusions from Nondisclosure and Nonuse Obligations. RecipientEach party’s obligations under Section Paragraph 2 (“Nondisclosure and Nonuse Obligations”) shall not apply with respect to any portion of Discloserthe other party’s Confidential Information that Recipient shall terminate when the party seeking to avoid its obligation under such Paragraph can documentdocument that: (ai) it was in the public domain at or subsequent to the time such Confidential Information it was communicated to Recipient by Discloser through no fault of Recipient; (bii) it was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information it was communicated to Recipient by such Discloser; (ciii) it was developed by employees or agents of Recipient independently of and without reference to any of information communicated to Recipient by Discloser’s Confidential Information; or (div) it was communicated by the Discloser to an unaffiliated third party free of any obligation of confidence. A disclosure by Recipient of any of Discloser’s Confidential Information ; or (av) the communication was in response to a valid order by a court or other governmental body; (b) as , was otherwise required by law; or, or was necessary to establish the rights of either party under this Agreement.

Exclusions from Nondisclosure and Nonuse Obligations. Recipient’s Each party's obligations under Section Paragraph 2 (Nondisclosure and Nonuse Obligations) shall not apply with respect to any portion of Discloser’s the other party's Confidential Information that Recipient shall terminate when the party seeking to avoid its obligation under such Paragraph can documentdocument that: (a) it was in the public domain at or subsequent to the time such Confidential Information it was communicated to Recipient by Discloser through no fault of Recipient; (b) it was rightfully in Recipient’s 's possession free of any obligation of confidence at or subsequent to the time such Confidential Information it was communicated to Recipient by such Discloser; (c) it was developed by employees or agents of Recipient independently of and without reference to any of information communicated to Recipient by Discloser’s Confidential Information; or (d) it was communicated by Discloser to an unaffiliated third party free of any obligation of confidence. A disclosure by Recipient of any of Discloser’s Confidential Information ; or (ae) the communication was in response to a valid order by a court or other governmental body; (b) as , was otherwise required by law; or, or was necessary to establish the rights of either party under this Agreement.

Exclusions from Nondisclosure and Nonuse Obligations. Recipient’s 's obligations under Section 2 (Nondisclosure and Nonuse Obligations) shall not apply to any of Discloser’s Confidential Information that Recipient can document: (a) was in the public domain at or subsequent to the time such Confidential Information was communicated by Discloser to Recipient by Discloser through no fault of Recipient; (b) was rightfully lawfully in Recipient’s 's possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated of disclosure thereof by Discloser to Recipient by such DiscloserRecipient; (c) was developed by employees employees, contractors or agents of Recipient independently of and without use of or reference to any of Discloser’s Confidential Information; or Information disclosed by Discloser to Recipient, (d) was communicated known to Recipient at the time of disclosure, (e) was approved for release by Discloser prior written authorization of Discloser; or (f) was provided to an unaffiliated Recipient by a third party free of any without obligation of confidenceconfidentiality. A disclosure by Recipient of any of Discloser’s Confidential Information (ai) in response to a valid order by a court or other governmental body; (b) as otherwise required by law; body or