Common use of Termination; Exceptions Clause in Contracts

Termination; Exceptions. The obligations of confidentiality as provided herein shall terminate ten (10) years from the expiration or termination of this Agreement and shall impose no obligation upon the receiving party with respect to any portion of the received information which (i) was known to or in the possession of the receiving party prior to the disclosure, and not through a prior disclosure by the disclosing party, as documented by business records; or (ii) is or becomes publicly known through no fault attributable to the receiving party; or (iii) is provided to the receiving party from a source independent of the disclosing party which is not subject to a confidential or fiduciary relationship with the disclosing party concerning the information; or (iv) is developed by the receiving party independently of any disclosure from the disclosing party and such independent development can be properly demonstrated by the receiving party; or (v) is required to be disclosed by law or court order, provided that notice is promptly delivered to the other party in order to provide an opportunity to seek a protective order or other similar order with respect to the disclosure of such information and thereafter discloses only the minimum information required to be disclosed in order to comply with the request, whether or not a protective order or other similar order is obtained by the other party.

Termination; Exceptions. The obligations of confidentiality as provided herein shall terminate ten five (105) years from the expiration or termination of this Agreement and shall impose no obligation upon the receiving party Party with respect to any portion of the received information which which: (i) was known to or in the possession of the receiving party Party prior to the disclosuredisclosure hereunder, and not through a prior disclosure subject to confidential treatment by the disclosing partyParty, as documented by business records; or (ii) is or becomes publicly known through no fault attributable to the receiving partyParty; or (iii) is provided to the receiving party Party from a source independent of the disclosing party which is not subject to Party without breach of a confidential or fiduciary relationship with the disclosing party Party concerning the information; or (iv) is developed by the receiving party Party independently of any disclosure from the disclosing party Party and such independent development can be properly demonstrated by competent written proof of the receiving partyParty; or (v) is required to be disclosed by law or court order, provided that notice is promptly delivered to the other party Party in order to provide an opportunity to seek a protective order or other similar order with respect to the disclosure of such information and thereafter discloses only the minimum information required to be disclosed in order to comply with the request, whether or not a protective order or other similar order is obtained by the other partyParty.