Common use of Exclusions from Nondisclosure Obligation Clause in Contracts

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to that part of the Confidential Information of which the receiving Party can establish by competent written proof that it: a) was publicly known at the time of disclosure; b) has become publicly known after disclosure, by publication or otherwise, except by breach of this Agreement by the receiving Party; c) was in the receiving Party’s lawful possession at the time of disclosure hereunder; d) was received by such Party from a third party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or e) was independently developed by the receiving Party, without reference to Confidential Information of the disclosing Party.

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) 3.1 shall not apply to that part of the any Confidential Information of which to the extent that the receiving Party can establish by competent written proof that it: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; (c) was in the receiving such Party’s lawful possession in documentary form at the time of disclosure hereunder; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to that part of the any Confidential Information of which to the extent that the receiving Party can establish by competent written proof that it: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; (c) was in the receiving such Party’s lawful possession in documentary form at the time of disclosure hereunder; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to that part of the any Confidential Information of which to the extent that the receiving Party can establish by competent written proof that it: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; (c) was in the receiving such Party’s lawful possession in documentary form at the time of disclosure hereunderhereunder [***]; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The Information shall not be considered Confidential Information and the nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to the extent that part of the Confidential Information of which the receiving Party can establish by competent written proof that itsuch information: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; (c) was in the receiving such Party’s lawful possession at the time of the earlier of disclosure hereunder; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to that part of the any Confidential Information of which to the receiving Party extent that the Recipient can establish by competent written proof that it: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving PartyRecipient; (c) was in the receiving PartyRecipient’s lawful possession in documentary form at the time of disclosure hereunder; (d) was is received by such Party the Recipient from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The Information will not be considered Confidential Information and the nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall will not apply to the extent that part of the Confidential Information of which the receiving Party can establish by competent written proof that it: : (a) was publicly known at the time of disclosure; disclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; ; (c) was in the receiving such Party’s lawful possession at the time of the earlier of disclosure hereunder; ; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall will not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference or access to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall not apply to that part of the any Confidential Information of which to the extent that the receiving Party can establish by competent written proof that it: (a) was publicly known at the time of disclosuredisclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; (c) was in the receiving such Party’s lawful possession in documentary form at the time of the earlier of disclosure hereunderhereunder and disclosure under the agreement referred to in Section 6.1; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).

Exclusions from Nondisclosure Obligation. The Information will not be considered Confidential Information and the nondisclosure and nonuse obligations in Section 6.1 (General Confidentiality Obligations) shall will not apply to the extent that part of the Confidential Information of which the receiving Party can establish by competent written proof that it: : (a) was publicly known at the time of disclosure; disclosure is publicly known; (b) has become publicly known after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by the receiving such Party; ; (c) was in the receiving such Party’s lawful possession at the time of the earlier of disclosure hereunder; ; (d) was is received by such Party from a third party Third Party who has the lawful right to disclose the Confidential Information and who shall will not have obtained the Confidential Information either directly or indirectly from the disclosing Party; or or (e) was is independently developed by the receiving Partysuch Party (i.e., without reference to Confidential Information of the disclosing Party).