E xceptions Clause Samples
The Exceptions clause defines specific circumstances or conditions under which the general terms of an agreement do not apply. In practice, this clause might list particular events, actions, or parties that are exempt from certain obligations or liabilities outlined elsewhere in the contract. By clearly outlining these carve-outs, the clause ensures that both parties understand the boundaries of their responsibilities and helps prevent disputes by clarifying when standard rules are set aside.
E xceptions. Notwithstanding the foregoing, each Customer agrees to ensure that all uses by Customer or by any party’s confidentiality obligations hereunder shall not apply to information that: (i) is already known to the receiving party without a pre-existing restriction as to disclosure; (ii) is or becomes publicly available without fault of the receiving party;
E xceptions. This Warranty does not cover defects caused by modifications not approved by Lifesize, physical damage not caused by Lifesize or an authorized agent of Lifesize, misuse, accidents, improper storage, improper installation, environmental operating conditions or connectivity (audio, network, or electrical), unauthorized repairs, abnormal physical stress, connection with third-party hardware or software not approved by Lifesize or an authorized agent of Lifesize, or any further damage caused by inadequate packaging for return of the Lifesize Product. If (i) Lifesize determines, in its reasonable discretion, that a returned Lifesize Product replaced under this Warranty is not covered by this Warranty, or if (ii) Lifesize is unable to evaluate the condition of a Lifesize Product for which an RMA was obtained because such Lifesize Product was not returned as set forth in these RaaS Terms, then Customer agrees it will pay a fee of the then current list price of the Lifesize Product.
E xceptions. The Discloser agrees that the foregoing obligations shall not apply with respect to any information that the Recipient can document (a) is or becomes generally available to the public through no fault of the Recipient,
E xceptions. Confidential Information excludes information that: (a) is known publicly at the time of the disclosure or becomes known publicly after disclosure through no fault of the receiving party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from a source other than the disclosing party not bound by confidentiality obligations to the disclosing party, or (c) is independently developed by the receiving party without use of the Confidential Information as demonstrated by the written records of the receiving party. The receiving party may disclose Confidential Information of the other party to the extent such disclosure is required by law or order of a court or other governmental authority, provided that the receiving party shall, unless otherwise prohibited by applicable law, use reasonable efforts to promptly notify the other party prior to such disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Each party may disclose the existence of this Agreement and the relationship of the parties but agrees that the specific terms of this Agreement will be treated as Confidential Information; provided, however, that each party may disclose the terms of this Agreement to those with a need to know and under a duty of confidentiality such as accountants, lawyers, bankers and investors.
E xceptions. The provisions of Sections 8.1 and 8.2 above shall not apply to any Confidential Information of the disclosing Party that can be shown by competent evidence by the receiving Party: (a) To have been known to or in the possession of the receiving Party without any separate obligation of confidentiality before the date of its actual receipt from the disclosing Party; Commercial Supply - SGD-1006 17 SAFC Rev May 2006
E xceptions. Confidential Information excludes: (i) information that was known to the Receiving Party without based on Sage’s then current price list. You shall pay any a confidentiality restriction prior to its disclosure by the such invoice within ten (10) days of the date of the invoice, and all unauthorised User subscriptions will be converted into full-use subscriptions at our then-current list pricing for such full-use User subscriptions. Disclosing Party; (ii) information that was or becomes publicly known through no wrongful act of the Receiving Party; (iii) information that was rightfully received from a third-party authorised to make such disclosure without
E xceptions. Confidential Information excludes information that: (a) is known publicly at the time of the disclosure or becomes known publicly after disclosure through no fault of the receiving party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from a source other than the disclosing party not bound by confidentiality obligations to the disclosing party, or (c) is independently developed by the receiving party without use of the Confidential Information as demonstrated by the written records of the receiving party. The receiving party may disclose Confidential Information of the other party to the extent such disclosure is required by law or order of a court or other governmental authority, provided that the receiving party shall use reasonable efforts to promptly notify the other party prior to such disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Each party may disclose the existence of this SaaS Agreement and the relationship of the parties.
E xceptions. The receiving party’s obligations under this section will not apply to information that such party can document:
i. is or becomes generally available to the public through no fault or breach of that party;
ii. was in that party’s possession free of any obligation of confidence at the time it was communicated to that party by the disclosing party, or at a later time is rightfully received by that party from a third party without restriction and without breach of any obligation owed to the disclosing party; or
iii. was developed by employees, agents, or consultants of that party independently of and without reference to any information communicated to that party by the disclosing party.
E xceptions. No obligation of confidentiality applies to any information that is:
a) In the public domain other than by a breach of this Agreement on the part of the Recipient; or
b) Rightfully received without any obligation of confidentiality; or
c) Independently developed; or
d) Already possessed without obligation of confidentiality.
E xceptions. The obligations specified in this Section 9 shall not apply to any Confidential Information to the extent that it is (a) already known to Reseller without restriction prior to the time of disclosure by Xima; (b) acquired by Reseller from a third party without confidentiality restriction; (c) independently developed or acquired by Reseller by employees or contractors without access to such Confidential Information; (d) approved for release by written authorization of Xima; (e) in the public domain at the time it is disclosed or subsequently falls within the public domain through no wrongful action of Reseller; or (f) disclosed pursuant to the requirement of a governmental agency or disclosure is permitted or required by operation of law, provided that Reseller use its best efforts to notify Xima in advance of such disclosure and seeks confidential treatment for such Confidential Information.