Common use of Exclusions to Confidential Information Clause in Contracts

Exclusions to Confidential Information. Confidential Information of either Party shall exclude information that: (a) was already in the possession of receiving Party prior to its receipt from the disclosing Party (provided that the receiving Party is able to provide the disclosing Party with reasonable documentary proof thereof); (b) is or becomes part of the public domain by reason of acts not attributable to the receiving Party; (c) is or becomes available to receiving Party from a source other than the disclosing Party which source, to the best of receiving Party's knowledge, has rightfully obtained such information and has no obligation of non-disclosure or confidentiality to the disclosure Party with respect thereto; (d) is made available by the disclosing Party to a third Party unaffiliated with the disclosing Party on an unrestricted basis; (e) is independently developed by the receiving Party completely without reference to any Confidential Information of the disclosing Party, as evidenced by the receiving Party's written records; or (f) has been or must be publicly disclosed by reason of legal accounting or regulatory requirements beyond the reasonable control, and despite the reasonable efforts of the receiving Party.

Exclusions to Confidential Information. Confidential Information of either Party party shall exclude information that: (a) was already in the possession of receiving Party party prior to its receipt from the disclosing Party party (provided that the receiving Party party is able to provide the disclosing Party party with reasonable documentary proof thereof); (b) is or becomes part of the public domain by reason of acts not attributable to the receiving Partyparty; (c) is or becomes available to receiving Party party from a source other than the disclosing Party party which source, to the best of receiving Partyparty's knowledge, has rightfully obtained such information and has no obligation of non-disclosure or confidentiality to the disclosure Party disclosing party with respect thereto; (d) is made available by the disclosing Party party to a third Party party unaffiliated with the disclosing Party party on an unrestricted basis; (e) is independently developed by the receiving Party party completely without reference to any Confidential Information of the disclosing Partyparty, as evidenced by the receiving Partyparty's written records; oror ** The appearance of a double asterisk denotes confidential information that has been omitted from the exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934. (f) has been or must be publicly disclosed by reason of legal legal, accounting or regulatory requirements beyond the reasonable control, and despite the reasonable efforts of the receiving Partyparty.

Exclusions to Confidential Information. Confidential Information of either Party shall exclude information that: (a) was already in the possession of receiving Party prior to its receipt from the disclosing Party (provided that the receiving Party is able to provide the disclosing Party with reasonable documentary proof thereof); (b) is or becomes part of the public domain by reason of acts not attributable to the receiving Party; (c) is or becomes available to receiving Party from a source other than the disclosing Party which source, to the best of receiving Party's ’s knowledge, has rightfully obtained such information and has no obligation of non-disclosure or confidentiality to the disclosure disclosing Party with respect thereto; (d) is made available by the disclosing Party to a third Third Party unaffiliated with the disclosing Party on an unrestricted basis; (e) is independently developed by the receiving Party completely without reference to any Confidential Information of the disclosing Party, as evidenced by the receiving Party's ’s written records; or (f) has been or must be publicly disclosed by reason of legal accounting or regulatory requirements beyond the reasonable control, and despite the reasonable efforts of the receiving Party.