Excepfions Sample Clauses

Excepfions. These obligations shall not apply to any Confidential Information that was legally in the recipient's possession prior to receipt from the source, was received in good faith from a third party not subject to a confidential obligafion to the source, now is or later becomes publicly known through no breach of confidential obligation by the recipient, was developed by the recipient without the developing persons having access to any of the Confidential Information received in confidence from the source, or that is required to be disclosed pursuant to subpoena or other legal process issued by a court or administrative agency having appropriate jurisdicfion; provided, however, that, subject to Sections 28.3 and 28.3.1, the recipient shall give prior notice to the source before disclosing Confidential Information and shall reasonably cooperate if the source deems it necessary to seek protective arrangements.

Excepfions. Confidenfial Informafion shall not, however, include any informafion that Recipient can establish: (i) was publicly known or made generally available without a duty of confidenfiality prior to the fime of disclosure to Recipient by Discloser; (ii) becomes publicly known or made generally available without a duty of confidenfiality xxxx disclosure to Recipient by Discloser through no acfion or inacfion of Recipient; or (iii) is in the righVul possession of Recipient without confidenfiality obligafions at the fime of disclosure by Discloser to Recipient as shown by Recipient’s then-contemporaneous writen files and records kept in the ordinary course of business; provided that any combinafion of individual items of informafion shall not be deemed to be within any of the foregoing excepfions merely because one or more of the individual items are within such excepfion, unless the combinafion as a whole is within such excepfion.