Common use of Limitations on Confidentiality Clause in Contracts

Limitations on Confidentiality. The obligation of confidentiality contained in Section 9.3 shall not apply to the extent that (i) a party is required to disclose information by applicable law, such as pursuant to Securities and Exchange Commission rules and regulations, or order of a governmental agency or a court of competent jurisdiction, (ii) a party can demonstrate that the disclosed information was, at the time of disclosure, already in the public domain other than as a result of actions or failure to act of a party, its officers, directors, employees, Affiliates and Sublicensees in violation hereof; (iii) the disclosed information was rightfully known by a party or its Affiliates or sublicensees (as shown by its written records) prior to the date of disclosure to the other party in connection with this Agreement; or (iv) the disclosed information was received by a party or its Affiliates or Sublicensees on an unrestricted basis from a third party source which is not the other party or an Affiliate of the other party and not under a duty of confidentiality, and which was rightfully known to said source.

Limitations on Confidentiality. The obligation of confidentiality contained in Section 9.3 9.02 shall not apply to the extent that (i) a party is required to disclose information by applicable law, such as pursuant to Securities and Exchange Commission rules and regulations, or by order of a governmental agency or a court of competent jurisdiction, ; (ii) a party can demonstrate that the disclosed information was, at the time of disclosure, already in the public domain other than as a result of actions or failure to act of a party, its officers, directors, employees, Affiliates and Sublicensees sublicensees in violation hereof; (iii) the disclosed information was rightfully known by a party or its Affiliates or sublicensees (as shown by its written records) prior to the date of disclosure to the other party in connection with this Agreement; or (iv) a party can demonstrate that the disclosed information was received by a party or its Affiliates or Sublicensees sublicensees on an unrestricted basis from a third party source which is not the other party or an Affiliate of the other party and not under a duty of confidentiality, and which was rightfully known to said source.

Limitations on Confidentiality. The obligation of confidentiality contained in Section 9.3 9.03 shall not apply to the extent that (i) a party is required to disclose information by applicable law, such as pursuant to Securities and Exchange Commission rules and regulations, or order of a governmental agency or a court of competent jurisdiction, ; (ii) a party can demonstrate that the disclosed information was, at the time of disclosure, already in the public domain other than as a result of actions or failure to act of a party, its officers, directors, employees, Affiliates and Sublicensees in violation hereof; (iii) the disclosed information was rightfully known by a party or its Affiliates or sublicensees Sublicensees (as shown by its written records) prior to the date of disclosure to the other party in connection with this Agreement; or (iv) the disclosed information was received by a party or its Affiliates or Sublicensees on an unrestricted basis from a third party source which that is not the other party or an Affiliate of the other party and not under a duty of confidentiality, and which that was rightfully known to said source.

Limitations on Confidentiality. The obligation of confidentiality contained in Section 9.3 7.3 shall not apply to the extent that (i) a party is required to disclose information by applicable law, such as pursuant to Securities and Exchange Commission rules and regulations, or order of a governmental agency or a court of competent jurisdiction, (ii) a party can demonstrate that the disclosed information was, at the time of disclosure, already in the public domain other than as a result of actions or failure to act of a party, its officers, directors, employees, Affiliates and Sublicensees in violation hereof; (iii) the disclosed information was rightfully known by a party or its Affiliates or sublicensees (as shown by its written records) prior to the date of disclosure to the other party in connection with this Agreement; or (iv) the disclosed information was received by a party or its Affiliates or Sublicensees on an unrestricted basis from a third party source which is not the other party or an Affiliate of the other party and not under a duty of confidentiality, and which was rightfully known to said source.