Common use of Termination of Confidentiality Obligations Clause in Contracts

Termination of Confidentiality Obligations. The obligations of confidentiality shall terminate with respect to any Confidential Information when the receiving Party can document that the Confidential Information: 1. Was in the public domain at the time of disclosure; or 2. Entered the public domain, through no fault of the recipient, after disclosure; or 3. Was released by the disclosing Party to a third party free of any obligation of confidence; or 4. Was already in the receiving Party’s possession, free of any obligation of confidence, at the time of disclosure; or 5. Was rightfully communicated to the receiving Party, free of any obligation or confidence, subsequent to the time of disclosure; or 6. Was developed by the receiving Party, independently of and without use or reference to the Confidential Information; or 7. Was disclosed more than two (2) years prior.

Termination of Confidentiality Obligations. The obligations of confidentiality shall terminate with respect to any Confidential Information when the receiving Party can document doc- ument that the Confidential Information: (1. ) Was in the public domain at the time of disclosure; or (2. ) Entered the public domain, through no fault of the recipient, after disclosure; or (3. ) Was released by the disclosing Party to a third third-party free of any obligation of confidenceconfi- dence; or (4. ) Was already in the receiving Party’s possession, free of any obligation of confidence, at the time of disclosure; or (5. ) Was rightfully communicated to the receiving Party, free of any obligation or confidenceconfi- dence, subsequent to the time of disclosure; or (6. ) Was developed by the receiving Party, independently of and without use or reference to the Confidential Information; or (7. ) Was disclosed more than two (2) years prior.

Termination of Confidentiality Obligations. The obligations of confidentiality shall terminate with respect to any Confidential Information when the receiving Party can document that the Confidential Information: (1. ) Was in the public domain at the time of disclosure; or (2. ) Entered the public domain, through no fault of the recipient, after disclosure; or (3. ) Was released by the disclosing Party to a third third-party free of any obligation of confidence; or (4. ) Was already in the receiving Party’s possession, free of any obligation of confidence, at the time of disclosure; or (5. ) Was rightfully communicated to the receiving Party, free of any obligation or confidence, subsequent to the time of disclosure; or (6. ) Was developed by the receiving Party, independently of and without use or reference to the Confidential Information; or (7. ) Was disclosed more than two (2) years prior.