Common use of Limitations on Restrictions Clause in Contracts

Limitations on Restrictions. The obligations set forth in Section 11.5(b) hereof shall not apply, or shall terminate, with respect to any portion of the Company’s Confidential Information which: (i) is already in the public domain at such time the Company communicates the Confidential Information to a Member, or becomes available to the public through no breach if this Agreement prior to communication by Member; (ii) is received independently from a non-affiliated third party who is free to disclose such information to Member; (iii) is disclosed by a Member to a third party with the express prior written permission of the Company; and/or (iv) is disclosed by a Member in order to satisfy any legal requirement of any competent government body; provided, however, when practical such Member shall advise the Company prior to making any disclosure, or if not practical, such Member shall advise the Company immediately following such disclosure.

Limitations on Restrictions. The obligations set forth in Section 11.5(b) hereof shall not apply, or shall terminate, with respect to any portion of the Company’s Confidential Information which: (i) is already in the public domain at such time the Company communicates the Confidential Information to a Member, or becomes available to the public through no breach if this Agreement prior to communication by Member; (ii) is received independently from a non-non- affiliated third party who is free to disclose such information to Member; (iii) is disclosed by a Member to a third party with the express prior written permission of the Company; and/or (iv) is disclosed by a Member in order to satisfy any legal requirement of any competent government body; provided, however, when practical such Member shall advise the Company prior to making any disclosure, or if not practical, such Member shall advise the Company immediately following such disclosure.

Limitations on Restrictions. The obligations Obligations set forth in Section 11.5(b) hereof shall not apply, or shall terminate, with respect to any portion of the Company’s Confidential Information which: (i) was in a Member’s possession, free of any obligation of confidence, prior to the Agreement, as may be proven by written documentation; (ii) is already in the public domain at such time the Company communicates the Confidential Information to a Member, or becomes available to the public through no breach if this Agreement prior to communication by Member; (iiiii) is received independently from a non-affiliated third party who is free to disclose such information to Member; (iiiiv) is disclosed by a Member to a third party with the express prior written permission of the Company; and/or (ivv) is disclosed by a Member in order to satisfy any legal requirement of any competent government body; provided, however, when practical such Member shall advise the Company prior to making any disclosure, or if not practical, such Member shall advise the Company immediately following such disclosure.

Limitations on Restrictions. The obligations set forth in Section 11.5(b) hereof shall not apply, or shall terminate, with respect to any portion of the Company’s Confidential Information which: (i) was in a Member’s possession, free of any obligation of confidence, prior to the Agreement, as may be proven by written documentation; (ii) is already in the public domain at such time the Company communicates the Confidential Information to a Member, or becomes available to the public through no breach if this Agreement prior to communication by Member; (iiiii) is received independently from a non-affiliated third party who is free to disclose such information to Member; (iiiiv) is disclosed by a Member to a third party with the express prior written permission of the Company; and/or (ivv) is disclosed by a Member in order to satisfy any legal requirement of any competent government body; provided, however, when practical such Member shall advise the Company prior to making any disclosure, or if not practical, such Member shall advise the Company immediately following such disclosure.