Common use of Exceptions to Confidential Information Clause in Contracts

Exceptions to Confidential Information. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party.

Exceptions to Confidential Information. Confidential Information does not include any information that, at the time of disclosure isas evidenced by competent written proof: (ai) in the public domain; (b) was known to the receiving Party at party prior to its disclosure by the time of disclosuredisclosing party; (cii) rightfully is lawfully obtained by the receiving Party on a non-confidential basis party from a third party, as a matter of right and without restriction on disclosure; (iii) is disclosed in public literature or becomes generally available to the public through no violation of this Agreement by the receiving party; or (div) was independently developed or obtained by the receiving Partyparty without violation of this Agreement.

Exceptions to Confidential Information. Confidential Information does not include information that, at the time of disclosure that is: (a) in publicly known other than by the public domainbreach of this Agreement by the Receiving Party; (b) known to independently developed by the receiving Party at the time of disclosureReceiving Party; (c) rightfully obtained already known to the Receiving Party prior to disclosure by the receiving Disclosing Party on a non-confidential basis from a third partyand was without restriction; or (d) independently developed by the receiving Partysubsequently received lawfully from a third party without restriction.

Exceptions to Confidential Information. Confidential Information does shall not include any information that, at the time of disclosure is: (a1) in is or becomes available to the public domainthrough no fault of the receiving party; (b2) was known to the receiving Party at party prior to its receipt from the time of disclosuredisclosing party; (c3) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) is independently developed by the receiving Partyparty without use of Confidential Information received from the disclosing party; or (4) is received by the receiving party from a third party having no obligation of confidentiality to the disclosing party.