Common use of Clause D3 Clause in Contracts

Clause D3. 1 shall not apply to the extent that: (a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the EIR; (b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner; (c) such information was obtained from a third party without obligation of confidentiality; (d) such information was already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or (e) it is independently developed without access to the other Party's Confidential Information.

Clause D3. 1 shall not apply to the extent that: (a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the EIR; (b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner; (c) such information was obtained from a third party without obligation of confidentiality; (d) such information was already in the public domain at the time of disclosure otherwise than by a breach of the Contract; or (e) it is independently developed without access to the other Party's ’s Confidential Information.