Common use of Exceptions to Confidential Information Clause in Contracts

Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; and (v) is transmitted by a Party after receiving written notification from the other Party that it does not desire to receive any further Confidential Information. Further, the Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party: (a) prior written notice of such obligation; and (b) the opportunity to oppose such disclosure or obtain a protective order.

Appears in 8 contracts

Samples: Disclosure Agreement, Non Disclosure Agreement, Purpose

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Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this AgreementMaster NDA; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; and (vvi) is transmitted by a Party party after receiving written notification from the other Party party that it does not desire to receive any further Confidential Information. Further, the Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party: (a) prior written notice of such obligation; and (b) the opportunity to oppose such disclosure or obtain a protective order.

Appears in 3 contracts

Samples: Alliance Agreement (KPMG Consulting Inc), Alliance Agreement (KPMG Consulting Inc), Alliance Agreement (KPMG Consulting Inc)

Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; and (v) is transmitted by a Party party after receiving written notification from the other Party party that it does not desire to receive any further Confidential Information. Further, the Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party: (a) prior written notice of such obligation; obligation and (b) the a reasonable opportunity to oppose such disclosure or obtain a protective order.

Appears in 3 contracts

Samples: Preferred Supplier List Agreement, Preferred Supplier List Agreement, Preferred Supplier List Agreement

Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; and (v) is transmitted becomes available to the Receiving Party by a Party after receiving written notification from the other Party that it does not desire to receive any further Confidential Informationwholly lawful inspection or analysis of products offered for sale. Further, the Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party: (a) prior written notice of such obligation; and (b) the opportunity to oppose such GDTI_____ CS_____ disclosure or obtain a protective order.

Appears in 1 contract

Samples: Strategic Alliance and Joint Development Agreement (Guardian Technologies International Inc)

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Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; and (v) is transmitted becomes available to the Receiving Party by a Party after receiving written notification from the other Party that it does not desire to receive any further Confidential Informationwholly lawful inspection or analysis of products offered for sale. Further, the Receiving Party may disclose Confidential Information pursuant to under a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Partyprovides: (ai) prior written notice to the Disclosing Party of such obligation; obligation and (bii) the opportunity to oppose such disclosure or obtain a protective orderdisclosure.

Appears in 1 contract

Samples: Software License Agreement

Exceptions to Confidential Information. The Receiving Party shall have no obligation with respect to information which: which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this AgreementMaster NDA; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; and (v) is transmitted by a Party party after receiving written notification from the other Party party that it does not desire to receive any further Confidential Information. Further, the Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party: (a) prior written notice of such obligation; and (b) the opportunity to oppose such disclosure or obtain a protective order. 8.

Appears in 1 contract

Samples: Non Disclosure Agreement

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