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

Exclusions from Nondisclosure and Nonuse Obligations. The Advisor’s obligations under Section 6.2(b) with respect to any portion of Confidential Information shall not apply to any information that (i) was in the public domain at or subsequent to the time it was communicated to the Advisor by the Company or a Company authorized person through no fault of the Advisor, (ii) was rightfully in the Advisor’s possession free of any obligation of confidence at or subsequent to the time it was communicated to the Advisor by the Company or a Company authorized person, (iii) was developed by employees or agents of the Advisor independently of and without reference to any information communicated to the Advisor by the Company or a Company authorized person, or (iv) is being disclosed by the Advisor in response to a valid order by a court or other governmental body, or otherwise as required by law.

Exclusions from Nondisclosure and Nonuse Obligations. The AdvisorCompany’s obligations under Section 6.2(b7.2(b) with respect to any portion of Confidential Information shall not apply to any information that (i) was in the public domain at or subsequent to the time it was communicated to the Advisor Company by the Company Client or a Company Client authorized person through no fault of the AdvisorCompany, (ii) was rightfully in the AdvisorCompany’s possession free of any obligation of confidence at or subsequent to the time it was communicated to the Advisor Company by the Company Client or a Company Client authorized person, (iii) was developed by employees or agents of the Advisor Company independently of and without reference to any information communicated to the Advisor Company by the Company Client or a Company Client authorized person, or (iv) is being disclosed by the Advisor Company in response to a valid order by a court or other governmental body, or otherwise as required by law.