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 receiving Party, or its Affiliates (all collectively referred to as the “Receiving Party”) can demonstrate by competent evidence: (a) is or becomes publicly available other than by acts of the Receiving Party in breach of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or sublicensees by a Third Party who had the right to disclose such Confidential Information to the Receiving Party; (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) was independently discovered or developed by the Receiving Party without resort to or use of any Confidential Information of the disclosing Party.

Release from Restrictions. The foregoing obligations in with respect of to disclosure and use of Confidential Information shall not apply to any part of such Confidential Information that the receiving non-disclosing Party, or its Affiliates (all collectively referred to as the “"Receiving Party”") can demonstrate by contemporaneously prepared competent evidence: (a) is or becomes publicly available part of the public domain other than by acts of the Receiving Party in breach contravention of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or sublicensees by a Third Party who had the right to disclose such Confidential Information to the Receiving Party; (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) was independently discovered or developed by the Receiving Party without resort to or use of any such Confidential Information of the disclosing PartyInformation.

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 receiving Party, or its Affiliates non-disclosing Party (all collectively referred to as the “Receiving Party”) can demonstrate by contemporaneously prepared competent evidence: (a) is or becomes publicly available part of the public domain other than by acts of the Receiving Party in breach contravention of this Agreement;; **** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) is disclosed to the Receiving Party or its Affiliates or sublicensees by a Third Party who had the right to disclose such Confidential Information to the Receiving PartyParty or its Affiliates or sublicensees; (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) was independently discovered or developed by the Receiving Party without resort reference to or use of any Confidential Information of the disclosing 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 receiving Party, or its Affiliates (all collectively referred to as the “Receiving Party”) can demonstrate by competent evidence: (a) is or becomes publicly available other than by acts of the Receiving Party in breach of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or or-sublicensees by a Third Party who had the right to disclose such Confidential Information to the Receiving Party; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party or its Affiliates or or-sublicensees, provided such Confidential Information was not obtained, directly or indirectly, from the other Party under this Agreement; or (d) was independently discovered or developed by the Receiving Party without resort to or use of any Confidential Information of the disclosing 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 receiving non-disclosing Party, or its Affiliates (all collectively referred to as the “Receiving Party”) can demonstrate by contemporaneously prepared competent evidence: (a) is or becomes publicly available part of the public domain other than by acts of the Receiving Party in breach contravention of this Agreement; (b) is disclosed to the Receiving Party or its Affiliates or sublicensees by a Third Party who had the right to disclose such Confidential Information to the Receiving Party;; or (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) was independently discovered or developed by the Receiving Party without resort to or use of any Confidential Information of the disclosing Party.