Information Excluded. Confidential Information does not include any information which a Party can demonstrate (1) was in the public domain or in the possession of the receiving Party at time of disclosure, (2) became part of the public domain after disclosure through no fault of the receiving Party, (3) was disclosed to the receiving Party by a third party that had a lawful right to disclose it, or (4) was independently developed by the receiving Party.
Information Excluded. The receiving party's obligations shall not apply to any particular Confidential Information to the extent that the receiving party clearly and convincingly demonstrates that the particular Confidential Information: (i) was in its possession prior to disclosure to it or its development through work performed under this Agreement; (ii) was generally and publicly known and accessible at the time of disclosure or thereafter through no fault of the receiving party; or (iii) was rightfully furnished to the receiving party on a non-confidential basis by a third party who was not directly or indirectly breaching any obligations or duties to ABC, the PIBCs, Viragen, VUSA or their Affiliates. The exceptions provided under this Section 8.3 shall not apply to any information that is considered to be Confidential Information by a party because of its selection, organization, aggregation, format, manner of presentation, or existence in electronic media.
Information Excluded. A Party need not treat any of the following as Confidential Information of the other Party under this Agreement:
Information Excluded. The following is not confidential information: * information which is in the public domain; * information which, through no fault of a party, becomes part of the public domain; * information which a party can show was in its possession prior to the time of disclosure; or * information which is rightfully received by a party from a third party without obligation of confidentiality.
Information Excluded. The following is not confidential information:
Information Excluded. Notwithstanding the foregoing definition of Information, the following is excluded, any information that (a) was publicly available and was not obtained as a result of a disclosure in violation of this Agreement; (b) the receiving Party is in lawful possession of the Information before its disclosure or (c) it was available on a non-confidential basis from a third party that was not bound by a similar duty of confidentiality (contractual, legal, fiduciary or other) before its disclosure. Information shall not be deemed to be “publicly available” merely because any part of the information is embodied in general disclosures or because individual features, components or combinations thereof are now or become known to the public. Notwithstanding what constitutes excluded Information, at no time will personally identifiable data be made available to the public by either Party.
