Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The foregoing obligations in respect of disclosure and use of Confidential Information shall not apply to any part of such Confidential Information that the non-disclosing party, or its Affiliates (all collectively referred to as the “Receiving Party”) can demonstrate by contemporaneously prepared written evidence: (a) is or becomes part of the public domain other than by acts of the Receiving Party in contravention of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or 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; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party or its Affiliates or Sublicensees, provided such Confidential Information was not obtained, directly or indirectly, from the other party under this Agreement; or (d) results from research and development by persons who have not had access to the disclosures made to Receiving Party under this Agreement, including any information obtained through the testing, manufacturing regulatory approval, or distribution of the Licensed Product, or other activities undertaken in connection with this Agreement by the Receiving Party.

Release from Restrictions. The foregoing obligations in respect of disclosure and use of Confidential Information shall not apply to any part of such Confidential Information that the non-disclosing party, or its Affiliates (all collectively referred to as the “"Receiving Party”") can demonstrate by contemporaneously prepared written evidence: (a) is or becomes part of the public domain other than by acts of the Receiving Party in contravention of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or 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; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party or its Affiliates or Sublicensees, provided such Confidential Information was not obtained, directly or indirectly, from the other party under this Agreement; or (d) results from research and development by persons who have not had access to the disclosures made to Receiving Party under this Agreement, including any information obtained through the testing, manufacturing regulatory approval, or distribution of the Licensed Product, or other activities undertaken in connection with this Agreement by the Receiving Party.

Release from Restrictions. The foregoing obligations in respect of disclosure and use of Confidential Information shall not apply to any part of such Confidential Information that the non-disclosing party, or its Affiliates (all collectively referred to as the “"Receiving Party”") can demonstrate by contemporaneously prepared written evidence: (a) is or becomes part of the public domain other than by acts of the Receiving Party in contravention of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or 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; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party or its Affiliates or Sublicensees, provided such Confidential Information was not obtained, directly or indirectly, from the other party under this Agreement; or (d) results from research and development by persons who have not had access to the disclosures made to Receiving Party under this Agreement, including any information obtained through the testing, manufacturing regulatory approval, or distribution of the Compounds or Licensed ProductProducts, or other activities undertaken in connection with this Agreement by the Receiving Party.

Release from Restrictions. The foregoing obligations in respect of disclosure and use of Confidential Information shall not apply to any part of such Confidential Information that the non-disclosing partyParty, or its Affiliates (all collectively referred to as the “Receiving Party”) can demonstrate by contemporaneously prepared written competent evidence: (a) is or becomes part of the public domain other than by acts of the Receiving Party in contravention of this Agreement;; [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (b) is disclosed to the Receiving Party or its Affiliates or Sublicensees sublicensees by a Third Party, provided Party who had the right to disclose such Confidential Information was not obtained by such Third Party directly or indirectly from to the other party under this AgreementReceiving Party; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party or its Affiliates or Sublicenseessublicensees, provided such Confidential Information was not obtained, directly or indirectly, from the other party Party under this Agreement; or (d) results from research and development by persons who have not had access to the disclosures made to Receiving Party under this Agreement, including any information obtained through the testing, manufacturing regulatory approval, was independently discovered or distribution of the Licensed Product, or other activities undertaken in connection with this Agreement developed by the Receiving PartyParty without resort to such Confidential Information.