Exceptions to Confidentiality Obligations. 4.1 This Agreement imposes no obligation upon the Recipient with respect to the City’s Confidential Material received hereunder that
Exceptions to Confidentiality Obligations. The obligations of this Agreement shall not apply to Confidential Information which the Consultant shall demonstrate, by clear and convincing evidence:
Exceptions to Confidentiality Obligations. Notwithstanding the foregoing, the Consultant’s obligations of confidentiality will not include information which: at the time of disclosure was in the public domain; after such disclosure, immediately becomes generally available to the public other than through any act or omission of the Consultant or its Personnel; and is required to be disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished to the District in a timely manner in order to afford the District the opportunity to seek a protective order against such disclosure and the disclosure is strictly limited to the information that the court requires.
Exceptions to Confidentiality Obligations. Confidential Information will not include information to the extent that such information:
Exceptions to Confidentiality Obligations. (a) Clauses 3.3, 3.4 and 3.5 do not apply to Confidential Information which:
Exceptions to Confidentiality Obligations. The confidentiality and limited use obligations of this Agreement shall not apply to information received pursuant to this Agreement which:
Exceptions to Confidentiality Obligations. The obligations set out in Clauses 8.1 and 8.2 shall not apply to that part of the Confidential Information of the Disclosing Party which the Receiving Party can demonstrate by reasonable, written evidence:
Exceptions to Confidentiality Obligations. A Party’s obligations under this Agreement with respect to any portion of the other Party’s Confidential Information shall terminate when the Party that is subject to such obligations can document in writing that such information: (a) entered the public domain through no fault of such Party; (b) was in such Party’s possession free of any obligation of confidence at the time it was communicated to such Party by the other Party; (c) was rightfully communicated to such Party free of any obligation of confidence subsequent to the time it was communicated to such Party by the other Party; or (d) was developed by employees or agents of such Party independently of and without reference to any information communicated to such Party by the other Party.
Exceptions to Confidentiality Obligations. The obligation of confidentiality contained in this Agreement shall not apply to the extent that the Recipient can demonstrate that (i) the disclosed information was at the time of such disclosure to the Recipient already in the public domain other than as a result of actions or inactions of the Recipient, its Affiliates or their respective, directors, officers, employees, agents, subcontractors, consultants or counsel in violation hereof, (ii) the disclosed information subsequently enters the public domain other than as a result of actions or inactions of the Recipient, its Affiliates or their respective, directors, officers, employees, agents, subcontractors, consultants or counsel in violation hereof, (iii) the disclosed information was rightfully known by the Recipient or its Affiliates (as shown by its written records) prior to the date of disclosure to the Recipient, (iv) the disclosed information was lawfully received by the Recipient or its Affiliates on an unrestricted basis from a source unrelated to any Party to this Agreement and not known by the Recipient to be under a duty of confidentiality to the Disclosing Party, or (v) disclosure is required by a government regulatory agency as part of such agency’s product license approval process, or is otherwise required by law, order or regulation of a governmental agency or a court of competent jurisdiction, provided, however, the Recipient shall not make any such disclosure without first notifying the Disclosing Party and allowing the Disclosing Party a reasonable opportunity to seek injunctive relief from (or a protective order with respect to) the obligation to make such disclosure. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
Exceptions to Confidentiality Obligations. The recipient’s obligations of confidentiality and non-use shall not apply to any information that:
