Exceptions to Confidentiality Obligation. The restrictions of confidentiality described above shall not apply to Proprietary Information (i) which as of the Effective Date or subsequent thereto is or becomes available to the public without breach of this Agreement, (ii) if it is lawfully obtained from a Third Party not bound by similar confidentiality and use restrictions and obligations, (iii) if it is known by the Receiving Party prior to disclosure as evidenced by contemporaneous records, or (iv) if it is at any time developed by the Receiving Party independently of any disclosure made pursuant to this Agreement. In addition, the confidentiality obligations shall not apply to the Receiving Party if the Receiving Party is legally required by applicable law, court order or Governmental Authority to disclose the Information, provided the Receiving Party discloses only the minimum to comply and, if possible and in light of the circumstances, provides reasonable prior notice to the Disclosing Party to enable it to contest the requirement or to seek a protective order.
Exceptions to Confidentiality Obligation. Notwithstanding the foregoing, each Party (and the members of their respective Group) may release or disclose, or permit to be released or disclosed, any Information concerning the Alcon Business (in respect of the obligations of the members of the Novartis Group) or the Novartis Business (in respect of the obligations of the members of the Alcon Group):
Exceptions to Confidentiality Obligation. A party will not be in breach of Subsection 12.1 if the Confidential Information in question:
Exceptions to Confidentiality Obligation. The Traditional Owners may disclose information it is otherwise required to keep confidential under this Agreement where:
Exceptions to Confidentiality Obligation. No party shall have any obligation with respect to disclosure and use of information to the extent such information:
Exceptions to Confidentiality Obligation. Receiving Party's obligations regarding Disclosing Party's Confidential Information shall not apply to information (i) which was already known to Receiving Party prior to the disclosure of such information to Receiving Party by Disclosing Party, (ii) which is or becomes publicly available through no act or fault of Receiving Party, (iii) which is rightfully received by Receiving Party from a third party having no obligation of confidentiality to Disclosing Party, (iv) which is independently developed by Receiving Party, or (v) which is inherently disclosed in the use, lease, sale, or other distribution of any available product or service or publicly available supporting documentation therefor by the Receiving Party. If Receiving Party is compelled to disclose information by valid order of a court or governmental body or as otherwise required by applicable law, or if the use of Disclosing Party's Confidential Information is indispensable to establish or secure legal rights under this Agreement, such disclosure or use by Receiving Party shall be permitted, provided that prior to any such disclosure or use, Receiving Party shall make a reasonable effort to obtain a protective order limiting use of such Confidential Information thereby disclosed or used and shall promptly notify Disclosing Party in writing and provide Disclosing Party with a reasonable opportunity to object to such disclosure or use.
Exceptions to Confidentiality Obligation. Notwithstanding the provisions of Section 11.1, each party may disclose information which would otherwise be confidential in the event that:
Exceptions to Confidentiality Obligation. 35.2 A party shall be entitled to Disclose or use Confidential Information if and to the extent that one or more of the following apply: 35.2.1 the party is required or permitted to Disclose Confidential Information pursuant to the terms of a Nominated Agreement, to the extent of such requirement or permission; or 35.2.2 the party believes, on reasonable grounds, that market arrangements set out or contemplated by this Agreement require or permit it to Disclose Confidential Information to another person or to use Confidential Information to the extent of such requirement or permission; or 35.2.3 the person to whose affairs the Confidential Information relates gives its prior written consent to the Disclosure or use, to the extent of such consent; or 35.2.4 the Confidential Information, before it is furnished to the relevant party is in the public domain; or 35.2.5 the Confidential Information, after it is furnished to the party: (A) is acquired by the party in circumstances in which this Clause does not apply; (B) is acquired by a party in circumstances in which this Clause does apply and thereafter ceases to be subject to the restrictions imposed by this Clause; or (C) enters the public domain, and in any such case otherwise than as a result of (i) a breach by the party of its obligations in this Clause or (ii) a breach by the person who disclosed that Confidential Information of that person's confidentiality obligation and the party is aware of such breach; or 35.2.6 the party is required or permitted to Disclose Confidential Information to any person: (A) in compliance with any provisions of any Relevant Instrument; or (B) in compliance with any other requirement of law or of a Competent Authority; or (C) in response to a requirement of any stock exchange or regulatory authority or the Panel on Take-overs and Mergers; or (D) pursuant to the arbitration rules for the Electricity Arbitration Association or pursuant to any judicial or other arbitral process or tribunal having jurisdiction in relation to the party including any disputes committee set up under the terms of this Agreement or either of the Settlement Agreements; or 35.2.7 the party Discloses Confidential Information to its Affiliates or Related Undertakings, its or its Affiliates or Related Undertakings employees, directors, agents, consultants and professional advisers, or where the party is a Supplier to any Relevant Exempt Supplier in each case on the basis set out in Clause 35.6; or 35.2.8...
Exceptions to Confidentiality Obligation. Confidential Information does not include information which (i) is known to Consultant (except through Consultant’s prior employment with MBI) at the time of disclosure to Consultant by MBI as evidenced by written records of Consultant, (ii) has become publicly known and made generally available through no wrongful act of Consultant, or (ii) has been rightfully received by Consultant from a third party who is not bound to treat the information as confidential on behalf of MBI and who is authorized to make such disclosure. Nothing in this Agreement shall prevent Consultant from disclosing Confidential Information to the extent Consultant is legally compelled to do so by any court or governmental investigative, judicial, or regulatory agency pursuant to proceedings over which such court or agency has jurisdiction; provided, however, that prior to any such disclosure, Consultant shall: (a) assert the confidential nature of the Confidential Information to the court or agency; (b) immediately notify MBI, in writing of the court’s or agency’s order or request to disclose; and (c) cooperate fully with MBI, at MBI’s request, in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting the confidentiality of the Confidential Information.
Exceptions to Confidentiality Obligation. 22.2.1 A party shall be entitled to disclose and use Confidential Information to the extent that one or more of the following apply:
