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

Exclusions from Nondisclosure and Nonuse Obligations. Consultant’s obligations under Paragraph 4.2(b) (“Nondisclosure and Nonuse Obligations”) with respect to any portion of the Confidential Information shall not apply to any such portion which Consultant can demonstrate: (a) was in the public domain at or subsequent to the time such portion was communicated to Consultant by Company through no fault of Consultant; (b) was rightfully in Consultant’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant by Company; or (c) was developed by employees of Consultant independently of and without reference to any information communicated to Consultant by Company. A disclosure of Confidential Information by Consultant, either: (a) in response to a valid order by a court or other governmental body; (b) otherwise required by law; or (c) necessary to establish the rights of either party under this Agreement, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that 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. Consultant’s Contractor's obligations under Paragraph 4.2(bSection 4.1(b) (“"Nondisclosure and Nonuse Obligations”") with respect to any portion of the Confidential Information shall not apply to any such portion which Consultant Contractor can demonstrate: , (a) was in the public domain at or subsequent to the time such portion was communicated to Consultant Contractor by Company through no fault of ConsultantContractor; (b) was rightfully in Consultant’s Contractor's possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant Contractor by Company; or (c) was developed by employees of Consultant Contractor independently of and without reference to any information communicated to Consultant Contractor by Company. A disclosure of Confidential Information by ConsultantContractor, either: either (a) in response to a valid order by a court or other governmental body; , (b) otherwise required by law; , or (c) necessary to establish the rights of either party under this Consultancy Agreement, shall not be considered to be a breach of this Consultancy Agreement or a waiver of confidentiality for other purposes; provided, however, that Consultant Contractor 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. ConsultantContractor’s obligations under Paragraph 4.2(b) (“Nondisclosure and Nonuse Obligations”Section 4.1(b) with respect to any portion of the Confidential Information shall not apply to any such portion which Consultant Contractor can demonstrate: , (ai) was in the public domain at or subsequent to the time such portion was communicated to Consultant Contractor by Company through no fault of ConsultantContractor; (bii) was rightfully in ConsultantContractor’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant Contractor by Company; or (ciii) was developed by employees of Consultant Contractor independently of and without reference to any information communicated to Consultant Contractor by Company. A disclosure of Confidential Information by ConsultantContractor, either: either (aA) in response to a valid order by a court or other governmental body; , (bB) otherwise required by law; , or (cC) necessary to establish the rights of either party under this Agreement, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Consultant Contractor 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. Consultant’s Contractor's obligations under Paragraph 4.2(b) (“"Nondisclosure and Nonuse Obligations”") with respect to any portion of the Confidential Information shall not apply to any such portion which Consultant Contractor can demonstrate: , (a) was in the public domain at or subsequent to the time such portion was communicated to Consultant Contractor by Company through no fault of ConsultantContractor; (b) was rightfully in Consultant’s Contractor's possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant Contractor by Company; or (c) was developed by employees of Consultant Contractor independently of and without reference to any information communicated to Consultant Contractor by Company. A disclosure of Confidential Information by ConsultantContractor, either: either (a) in response to a valid order by a court or other governmental body; , (b) otherwise required by law; , or (c) necessary to establish the rights of either party under this Agreement, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Consultant Contractor 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. ConsultantContractor’s obligations under Paragraph 4.2(b) (“Nondisclosure and Nonuse Obligations”) with respect to any portion of the Confidential Information shall not apply to any such portion which Consultant Contractor can demonstrate: (a) was in the public domain at or subsequent to the time such portion was communicated to Consultant Contractor by Company through no fault of ConsultantContractor; (b) was rightfully in ConsultantContractor’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant Contractor by Company; or (c) was developed by employees of Consultant Contractor independently of and without reference to any information communicated to Consultant Contractor by Company. A disclosure of Confidential Information by ConsultantContractor, either: (a) in response to a valid order by a court or other governmental body; (b) otherwise required by law; or (c) necessary to establish the rights of either party under this Agreement, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that Consultant Contractor shall provide prompt prior written notice thereof to Company to enable Company to seek a protective order or otherwise prevent such disclosure.