Other Exceptions. Notwithstanding any other provision of this Section 8.2, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 13 contracts
Samples: Series E Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Series D 1 Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Securities Purchase Agreement (TuSimple Holdings Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.2, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 7 contracts
Samples: Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series B Preferred Share Purchase Agreement (Kingsoft Internet Software Holdings LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.27, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 5 contracts
Samples: Series a 1 Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.28.12, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 5 contracts
Samples: Shareholder Agreements, Series C 1 Preferred Share Purchase Agreement (NetQin Mobile Inc.), Shareholder Agreement (NetQin Mobile Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.27.1, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 4 contracts
Samples: Series G Preferred Share Purchase Agreement, Series G 2 Preferred Share Purchase Agreement (BEST Inc.), Series G Preferred Share Purchase Agreement (BEST Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.23.6, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 3 contracts
Samples: Shareholder Agreement (Burning Rock Biotech LTD), Shareholder Agreement (Burning Rock Biotech LTD), Shareholder Agreement (Burning Rock Biotech LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.29, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party party learns from a third party having the right to make the disclosure; provided, provided that the restricted Party complies party shall comply with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters into the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Equity Subscription Agreement (MK Arizona Corp.), Equity Subscription Agreement (MK Arizona Corp.)
Other Exceptions. Notwithstanding any other provision of this Section 8.210(b), the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain becomes publicly known without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (XCHG LTD), Convertible Note Purchase Agreement (XCHG LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.29, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided that the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Shareholder Agreement (Uxin LTD), Shareholder Agreement (Uxin LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.25.1, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Share Repurchase Agreement (Zhou Xin), Share Repurchase Agreement (Sina Corp)
Other Exceptions. Notwithstanding any other provision of this Section 8.29, the confidentiality obligations of the Parties a Party under this Agreement shall not apply to: to (ia) information which a restricted such Party learns from a third party having the right to make the disclosure, provided the restricted such Party complies with any restrictions imposed by the third party; , (iib) information which is rightfully in the restricted such Party’s possession prior to the time of disclosure by the protected relevant other Party and not acquired by the restricted such Party under a confidentiality obligation; or obligation and (iiic) information which enters the public domain without through no breach of confidentiality by the restricted such Party.
Appears in 2 contracts
Samples: Shareholder Agreement (Gracell Biotechnologies Inc.), Shareholder Agreement (Gracell Biotechnologies Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.29.12, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.or
Appears in 2 contracts
Samples: Series C Preferred Share Purchase Agreement (NetQin Mobile Inc.), Series C Preferred Share Purchase Agreement (NetQin Mobile Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.28, the confidentiality obligations of the Parties parties shall not apply to: (ia) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Series a Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Perfect World Co., Ltd.)
Other Exceptions. Notwithstanding any other provision of this Section 8.28, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 2 contracts
Samples: Shareholder Agreements (Uxin LTD), Shareholder Agreements (Uxin LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.28, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 2 contracts
Samples: Series B Preferred Share Purchase Agreement (JinkoSolar Holding Co., Ltd.), Share Subscription Agreement (JinkoSolar Holding Co., Ltd.)
Other Exceptions. Notwithstanding any other provision of this Section 8.29 10, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.210, the confidentiality obligations of the Parties parties shall not apply to: (ia) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Ordinary Share and Series a Preferred Share Purchase Agreement (China Lodging Group, LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.27.02, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.27, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.214, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Shareholder Agreement (Baozun Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.2Section, the confidentiality obligations of the Parties parties shall not apply to: (ia) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.27, the confidentiality obligations of the Parties parties shall not apply to: :
(ia) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Party’s party's possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Plan of Restructuring and Securities Purchase Agreement (Shanda Interactive Entertainment LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.23.12, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.28, the confidentiality obligations of the Parties parties shall not apply to: (ia) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Party’s party's possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Share Purchase Agreement (Suntech Power Holdings Co., Ltd.)
Other Exceptions. Notwithstanding any other provision of this Section 8.28, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.;
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.2Clause 7.2, the confidentiality obligations of the Parties under this Clause 7.2 shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.;
Appears in 1 contract
Samples: Note Exchange Agreement
Other Exceptions. Notwithstanding any other provision of this Section 8.2, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party Xxxxx under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 1 contract
Samples: Share Purchase Agreement (China Techfaith Wireless Communication Technology LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.27.1, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Other Exceptions. Notwithstanding any other provision of this Section 8.215.3, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Shareholder Agreements (BEST Inc.)
Other Exceptions. Notwithstanding any other provision of this Section 8.29, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Equity Interest Purchase and Capital Increase Agreement (Linktone LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.2SECTION 7, the confidentiality obligations of the Parties shall not apply to: (ia) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party, if any; (iib) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iiic) information which is in or enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Share Purchase Agreement (Guoren Industrial Developments LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.210.8, the confidentiality obligations of the Parties shall not apply to: (ix) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (iiy) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iiiz) information which enters the public domain without breach of confidentiality by the restricted Party.
Appears in 1 contract
Samples: Shareholder Agreement (Global Education & Technology Group LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.27.1, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Stock Purchase Agreement (China Recycling Energy Corp)
Other Exceptions. Notwithstanding any other provision of this Section 8.27.6, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Series a Preferred Share Purchase Agreement (Sohu Com Inc)
Other Exceptions. Notwithstanding any other provision of this Section 8.27, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Shareholder Agreement (Jumei International Holding LTD)
Other Exceptions. Notwithstanding any other provision of this Section 8.29.1, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party party learns from a third party having which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
Samples: Stock and Notes Purchase Agreement (China Recycling Energy Corp)
Other Exceptions. Notwithstanding any other provision of this Section 8.26, the confidentiality obligations of the Parties parties shall not apply to: (i) information which a restricted Party party learns from a third party having the right to make the disclosure, provided the restricted Party party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Partyparty’s possession prior to the time of disclosure by the protected Party party and not acquired by the restricted Party party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Partyparty.
Appears in 1 contract
