Exclusions to Confidential Information. Information shall not be considered Confidential Information to the extent that it is: (a) already known to the Receiving Party without restriction on use or disclosure prior to disclosure of such information by the Disclosing Party; (b) publicly known and made generally available in the public domain by the Disclosing Party, through no action of the Receiving Party; (c) obtained by the Receiving Party from a third party without a breach of such third party’s obligations of confidentiality; (d) independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, as shown by documents and other competent evidence in the Receiving Party’s possession; or (e) required to be disclosed by law, regulation, governmental agency, arbitrator or court of competent jurisdiction or by the rules of any relevant stock exchange, provided that the Receiving Party, to the extent legally possible: (i) shall promptly notify the Disclosing Party in writing after it first believes or knows that it is under any such obligation to disclose; (ii) reasonably co-operates with the Disclosing Party in trying to prevent or limit such disclosure, and (iii) the Receiving Party shall only disclose that portion of the Confidential Information which, in the opinion of its counsel, it is required to disclose.
Appears in 4 contracts
Samples: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement
