Common use of Exclusions to Confidential Information Clause in Contracts

Exclusions to Confidential Information. For purposes of this Confidentiality Agreement, Confidential Information does not include information that: (a) is in the public domain at the time of the disclosure by Provider or is subsequently made available to the general public through no violation of this Confidentiality Agreement by Recipient; (b) Recipient can demonstrate was at the time of disclosure by Provider already in Recipient’s possession and was not acquired, directly or indirectly, from Provider on a confidential basis; (c) is independently developed by Recipient without use of or reference to the Confidential Information; or (d) is disclosed with the prior written consent of Provider.

Exclusions to Confidential Information. For purposes of this Confidentiality Agreement, Confidential Information does not include information that: (a) is in the public domain at the time of the disclosure by Provider or is subsequently made available to the general public through no violation of this Confidentiality Agreement by Recipient; (b) Recipient can demonstrate was at the time of disclosure by Provider already in Recipient’s possession and was not acquired, directly or indirectly, from Provider on a confidential basis; (c) is independently developed by Recipient without use of or reference to the Confidential Information; or; (d) is disclosed with the prior written consent of Provider.