Common use of Exclusions; Permitted Use Clause in Contracts

Exclusions; Permitted Use. This Section 5 will not apply to any particular information that either party can demonstrate (a) was, at the time of disclosure to it, in the public domain, (b) after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to it, or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing party. In addition, a party will not be considered to have breached its obligations under this Section 5 for disclosing Confidential Information of the other party to the extent required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such party advises the other party prior to making such disclosure and provides a reasonable opportunity to the other party to object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. This Section 5 section will not apply to any particular information that either party can demonstrate (ai) was, at the time of disclosure to it, in the public domain, (bii) after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the receiving party, (ciii) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (div) was received after disclosure to it from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to it, or (ev) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing party. In addition, a party will not be considered to have breached its obligations under this Section 5 8 for disclosing Confidential Information of the other party to the extent required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such party advises the other party prior to making such disclosure and provides a reasonable opportunity to the other party to object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. This Section 5 7 will not apply to any particular information that either party can demonstrate demonstrate: (a) was, at the time of disclosure to itthe party, in the public domain, (b) after disclosure to itthe party, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it the party from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to itthe party), or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing partydisclosed by a party to this Agreement. In addition, a party will not be considered to have breached its obligations under this Section 5 7 for disclosing Confidential Information of the other party of this Agreement to the extent the receiving party is required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such the party advises the other party prior to making such disclosure requirement and provides a reasonable opportunity to the other party to object to such disclosure, to take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) to take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. This Section 5 will not apply to any particular information that either party can demonstrate demonstrate: (a) was, at the time of disclosure to itthe party, in the public domain, (b) after disclosure to itthe party, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it the party from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to itthe party), or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing partydisclosed by a party to this Agreement. In addition, a party will not be considered to have breached its obligations under this Section 5 for disclosing Confidential Information of the other party of this Agreement to the extent the receiving party is required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such the party advises the other party prior to making such disclosure requirement and provides a reasonable opportunity to the other party to object to such disclosure, to take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) to take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. This Section 5 section will not apply to any particular information that either party can demonstrate (ai) was, at the time of disclosure to it, in the public domain, (bii) after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the receiving party, (ciii) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (div) was received after disclosure to it from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to it, or (ev) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing party. In addition, a party will not be considered to have breached its obligations under this Section 5 7 for disclosing Confidential Information of the other party to the extent required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such party advises the other party prior to making such disclosure and provides a reasonable opportunity to the other party to object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. ‌ This Section 5 will not apply to any particular information that either party can demonstrate demonstrate: (a) was, at the time of disclosure to itthe party, in the public domain, (b) after disclosure to itthe party, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it the party from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to itthe party), or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing partydisclosed by a party to this Agreement. In addition, a party will not be considered to have breached its obligations under this Section 5 for disclosing Confidential Information of the other party of this Agreement to the extent the receiving party is required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such the party advises the other party prior to making such disclosure requirement and provides a reasonable opportunity to the other party to object to such disclosure, to take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) to take such other action as it considers appropriate to protect the Confidential Information.

Exclusions; Permitted Use. This Section 5 will not apply to any particular information that either party can demonstrate demonstrate: (a) was, at the time of disclosure to itthe party, in the public domain, (b) after disclosure to itthe party, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it the party from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to itthe party), or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing partydisclosed by a party to this Agreement. In addition, a party will not be considered to have breached its obligations under this Section 5 for disclosing Confidential Information of the other party of this Agreement to the extent the receiving party is required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such the party advises the other party prior to making such disclosure requirement and provides a reasonable opportunity to the other party to object to such disclosure, to take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) to take such other action as it considers appropriate to protect the Confidential Information.