Common use of Clause E3 Clause in Contracts

Clause E3. 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 Environmental Information Regulations pursuant to clause E4 (Freedom of Information); (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 this Contract; or (e) it is independently developed without access to the other party's Confidential Information.

Clause E3. 1 shall not apply to the extent that the disclosing party can show by reference to written records that: (a) such disclosure is a requirement of Law placed upon the party Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause E4 (Freedom of Information)Regulations; (b) such information was in the possession of the party 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 this Contract; or (e) it is independently developed without access to the other partyParty's Confidential Information.

Clause E3. 1 shall not apply to the extent that: (a) such disclosure is a requirement of Law placed upon the party Party making the disclosure, including any requirements for disclosure under the FOIA FOIA, or the Environmental Information Regulations pursuant to clause E4 (Freedom of Information); (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 this Contract; or (e) it such information is independently developed without access to the other party's Party’s Confidential Information.

Clause E3. 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 Environmental Information Regulations pursuant to clause E4 (Freedom of Information); (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 this Contract; or (e) or it is independently developed without access to the other party's Confidential Information.

Clause E3. 1 4 shall not apply to the extent that: (a) such disclosure is a requirement of Law placed upon the party Party making the disclosure, including any requirements pursuant to a Request for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause E4 (Freedom of Information); (b) such information was in the possession of the party 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 this Contract; or (e) it is independently developed without access to the other partyParty's Confidential Information.