Common use of Information Not Covered Clause in Contracts

Information Not Covered. The foregoing shall not apply, and there shall be no obligation upon the Receiving Party, to that part of any Confidential Information that: (a) is disclosed by the Disclosing Party without restriction on further dissemination or is otherwise disclosed by the Receiving Party in compliance with the terms of the Disclosing Party’s prior written approval; or (b) at the time of receipt by the Receiving Party was independently known or developed by the Receiving Party, or becomes independently known to the Receiving Party thereafter, and can be so documented by written records; or (c) at any time becomes generally known to the public or otherwise publicly available through no fault of Receiving Party; or (d) has been or is made available to Receiving Party by a third party having the lawful right to do so without breaching any obligation of nonuse or confidentiality to Disclosing Party; or (e) the Receiving Party is required to disclose pursuant to an order of a judicial or administrative authority, or to comply with applicable laws or regulations, , provided that the Receiving Party (i) promptly notifies the Disclosing Party, and (ii) cooperates reasonably with the Disclosing Party’s efforts to contest or limit the scope of such disclosure.

Information Not Covered. The foregoing shall not apply, and there shall be no obligation upon the Receiving Party, to that part of any Confidential Information that: (a) is disclosed by the Disclosing Party without restriction on further dissemination or is otherwise disclosed by the Receiving Party in compliance with the terms of the Disclosing Party’s prior written approval; or (b) at the time of receipt by the Receiving Party was independently known or developed by the Receiving Party, or becomes independently known to the Receiving Party thereafter, and can be so documented by written records; or (c) at any time becomes generally known to the public or otherwise publicly available through no fault of Receiving Party; or (d) has been or is made available to Receiving Party by a third party having the lawful right to do so without breaching any obligation of nonuse or confidentiality to Disclosing Party; or (e) the Receiving Party is required obligated to disclose pursuant to an in order of a judicial or administrative authority, or to comply with applicable laws or regulations, or with a court or administrative order, provided that the Receiving Party (i) promptly notifies the Disclosing Party, and (ii) cooperates reasonably with the Disclosing Party’s efforts to contest or limit the scope of such disclosure.

Information Not Covered. The foregoing shall not apply, and there shall be Receiving Party will have no obligation upon the Receiving Party, with respect to that part of any Confidential Information that: (a) is disclosed by the Disclosing Party without restriction on further dissemination or is otherwise disclosed by the Receiving Party in compliance with the terms portion of the Disclosing Party’s prior written approvalConfidential Information that (a) is now, or hereafter becomes, through no act or failure to act on the part of the Receiving Party, generally known or available to the public; or (b) at the time of receipt was acquired by the Receiving Party was independently known before receiving such information from the Disclosing Party and without restriction as to use or developed by the Receiving Party, or becomes independently known to the Receiving Party thereafter, and can be so documented by written recordsdisclosure; or (c) at any time becomes generally known is hereafter rightfully furnished to the public or otherwise publicly available through no fault of Receiving Party; or (d) has been or is made available to Receiving Party by a third party having party, without restriction as to use or disclosure; (d) is information which the lawful right Receiving Party can document was independently developed by it or on its behalf without reference to do so without breaching any obligation of nonuse or confidentiality to the Disclosing Party’s Confidential Information received hereunder; or or (e) is disclosed with the prior written consent of the Disclosing Party. The Receiving Party is required to may disclose the Confidential Information pursuant to an order the requirements of a judicial governmental agency or administrative authority, or to comply with applicable laws or regulations, operation of law, provided that it gives the Receiving Disclosing Party (i) promptly notifies reasonable advance notice sufficient to contest such requirement of disclosure, takes all reasonable and lawful actions to avoid and/or minimize the extent of such disclosure, and cooperates with the Disclosing Party, and (ii) cooperates reasonably with at the Disclosing Party’s efforts cost, if the Disclosing Party wishes to contest or limit the scope of such disclosure.seek a protective order