Common use of Information that is Not Confidential Clause in Contracts

Information that is Not Confidential. The obligation not to ------------------------------------ disclose or use Confidential Information shall not apply to any part of such Confidential Information that (i) is or becomes patented, published or otherwise part of the public domain other than by acts of the party obligated not to disclose such Confidential Information or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators in contravention of this Agreement; (ii) is disclosed to the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators by a third party, provided such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement on a confidential basis; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators, provided such Confidential Information was not obtained directly or indirectly from the other party under this Agreement. Notwithstanding the foregoing, all Confidential Information designated as owned by or assigned to a party in connection with this Agreement shall be deemed Confidential Information of such party disclosed by such party to the other and exception (iii) above will not be applicable thereto.

Information that is Not Confidential. The obligation not to ------------------------------------ disclose or use Confidential Information shall not apply to any part of such Confidential Information that (i) is or becomes patented, published or otherwise part of the public domain other than by acts of the party obligated not to disclose such Confidential Information or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators in contravention of this Agreement; (ii) is disclosed to the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators by a third party, provided such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement on a confidential basis; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators, provided such Confidential Information was not obtained directly or indirectly from the other party under this Agreement. Notwithstanding the foregoing, all Confidential Information designated as owned by or assigned to a party in connection with this Agreement shall be deemed Confidential Information of such party disclosed by such party to the other and exception (iii) above will not be applicable thereto.

Information that is Not Confidential. The obligation not to ------------------------------------ disclose or use Confidential Information shall not apply to any part of such Confidential Information that (ia) is or becomes patented, published or otherwise part of the public domain other than by acts of the party obligated not to disclose such Confidential Information or its Affiliates, sublicensees, consultants, outside contractors Affiliates or clinical investigators sublicensees in contravention of this Agreement; (iib) is disclosed to the receiving party desiring to make such use or disclosure or to its Affiliates, sublicensees, consultants, outside contractors Affiliates or clinical investigators sublicensees by a third party, provided such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement on a confidential basis; or (iiic) prior to disclosure under this Agreement, was already in the possession of the receiving party desiring to make such use or disclosure or to its Affiliates, Affiliates or sublicensees, consultants, outside contractors or clinical investigators, provided such Confidential Information was not obtained directly or indirectly from the other party under this Agreement; or (d) is disclosed in a press release agreed to by both parties hereto, which agreement shall not be unreasonably withheld by either party. Notwithstanding the foregoing, all Confidential Information designated as owned by or assigned to a party in connection with this Agreement shall be deemed Confidential Information of such party whether or not it was disclosed by such party to the other and exception (iiic) above will not be applicable thereto.

Information that is Not Confidential. The obligation not to ------------------------------------ disclose or use Confidential Information shall not apply to any part of such Confidential Information that (i) is or becomes patented, published or otherwise part of the public domain other than by acts of the party obligated not to disclose such Confidential Information or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators in contravention of this Agreement; (ii) is disclosed to the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators by a third party, provided such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement on a confidential basis; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party or its Affiliates, sublicensees, consultants, outside contractors or clinical investigators, provided such Confidential Information was not obtained directly or indirectly from the other party under this Agreement. Notwithstanding the foregoing, all Confidential Information designated as owned by or assigned to a party in connection with this Agreement shall be deemed Confidential Information of such party disclosed by such party to the other and exception (iii) above will not be applicable thereto.