Common use of Exceptions to Confidential Treatment Clause in Contracts

Exceptions to Confidential Treatment. Notwithstanding the foregoing, the preceding provisions of this Section 9 will not apply to information that: (a) is publicly available or in the public domain at the time disclosed, (b) is or becomes publicly available or enters the public domain through no fault of the recipient, (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto, (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure, (e) is independently developed by the recipient, or (f) is approved for release or disclosure by the disclosing Party without restriction. Each Party may disclose Confidential Information to the limited extent necessary: (a) to comply with the order of a court of competent jurisdiction or other governmental body having authority over such Party, provided that the Party making the disclosure pursuant to the order will first have given notice to the other Party and made a reasonable effort to obtain a protective order, (b) to comply with applicable law or regulation requiring such disclosure, or (c) to make such court filings as may be required to establish a Party’s rights under this Agreement. Notwithstanding anything in this Section to the contrary, and, subject to applicable law, Blackboard shall have the right to share individual Authorized End User Confidential Information to the extent it has received consent for such sharing from such Authorized End User.

Exceptions to Confidential Treatment. Notwithstanding the foregoing, the preceding provisions of this Section 9 11 will not apply to information that: (ai) is publicly available or in the public domain at the time disclosed, ; (bii) is or becomes publicly available or enters the public domain through no fault of the recipient, ; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto, ; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure, ; (ev) is independently developed by the recipient, ; or (fvi) is approved for release or disclosure by the disclosing Party party without restriction. or (V) is approved for release or disclosure by the authorized users without restriction. Each Party party may disclose Confidential Information to the limited extent necessary: (a) to comply with the order of a court of competent jurisdiction or other governmental body having authority over such Partyparty, provided that the Party party making the disclosure pursuant to the order will first have given notice to the other Party party and made a reasonable effort to obtain a protective order, ; (b) to comply with applicable law or regulation requiring such disclosure, ; or (c) to make such court filings as may be required to establish a Partyparty’s rights under this Agreement. Notwithstanding anything in this Section to Further, if the contrary, and, subject to Company is required by applicable law, Blackboard legal process or government action to produce information, files, documents or personnel as witnesses with respect to these TOS or the Services provided to you by the Company, you shall have reimburse the right Company for any professional time and expenses including reasonable external or internal legal costs incurred to share individual Authorized End User Confidential Information respond to the extent it has received consent for such sharing from such Authorized End Userrequest, unless the Company is a party to the proceeding or the subject of the investigation.

Exceptions to Confidential Treatment. Notwithstanding the foregoing, the preceding provisions of this Section 9 4 will not apply to information that: (ai) is publicly available or in the public domain at the time disclosed, ; (bii) is or becomes publicly available or enters the public domain through no fault of the recipient, ; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto, ; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure, ; (ev) is independently developed by the recipient, ; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Each Party may disclose Confidential Information to the limited extent necessary: (a) to comply with the order of a court of competent jurisdiction or other governmental body having authority over such Party, provided that the Party making the disclosure pursuant to the order will first have given notice to the other Party and made a reasonable effort to obtain a protective order, ; (b) to comply with applicable law or regulation requiring such disclosure, ; or (c) to make such court filings as may be required to establish a Party’s rights under this Agreement. Notwithstanding anything in this Section to the contrary, and, subject to applicable law, Blackboard shall have the right to share individual Authorized End User Confidential Information to the extent it has received consent for such sharing from such Authorized End User.

Exceptions to Confidential Treatment. Notwithstanding the foregoing, the preceding provisions of this Section 9 will not apply to information that: (a) is publicly available or in the public domain at the time disclosed, (b) is or becomes publicly available or enters the public domain through no fault of the recipient, (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto, (d) is already in the recipient’s recipient‟s possession free of any confidentiality obligations with respect thereto at the time of disclosure, (e) is independently developed by the recipient, or (f) is approved for release or disclosure by the disclosing Party without restriction. Each Party may disclose Confidential Information to the limited extent necessary: (a) to comply with the order of a court of competent jurisdiction or other governmental body having authority over such Party, provided that the Party making the disclosure pursuant to the order will first have given notice to the other Party and made a reasonable effort to obtain a protective order, (b) to comply with applicable law or regulation requiring such disclosure, or (c) to make such court filings as may be required to establish a Party’s Party‟s rights under this Agreement. Notwithstanding anything in this Section to the contrary, and, subject to applicable law, Blackboard shall have the right to share individual Authorized End User Confidential Information to the extent it has received consent for such sharing from such Authorized End User.

Exceptions to Confidential Treatment. Notwithstanding the foregoing, the preceding provisions of this Section 9 4 will not apply to information that: (ai) is publicly available or in the public domain at the time disclosed, ; (bii) is or becomes publicly available or enters the public domain through no fault of the recipient, ; (ciii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto, ; (div) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure, ; (ev) is independently developed by the recipient, ; or (fvi) is approved for release or disclosure by the disclosing Party without restriction. Each Party may disclose Confidential Information to the limited extent necessary: (a) to comply with the order of a court of competent jurisdiction or other governmental body having authority over such Party, provided that the Party making the disclosure pursuant to the order will first have given notice to the other Party and made a reasonable effort to obtain a protective order, ; (b) to comply with applicable law or regulation requiring such disclosure, ; or (c) to make such court filings as may be required to establish a Party’s rights under this Agreement. Notwithstanding anything in this Section to the contrary, and, subject to applicable law, Blackboard shall have the right to share individual Authorized End User Confidential Information to the extent it has received consent for such sharing from such Authorized End UserContract.