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 Receiving Party’s obligations under clause 2 shall not apply to Confidential Information that: the Receiving Party possessed before the Disclosing Party disclosed it to the Receiving Party; or is or becomes publicly known, other than as a result of breach of the terms of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed it; or the Receiving Party obtains from a third-party, and the third-party was not under any obligation of confidentiality with respect to the Confidential Information; or it can show (as demonstrated by its written records or other reasonable evidence) has been developed by any of the Receiving Party’s employees who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information. [Freedom of Information The COMPANY acknowledges and agrees that the RPO is subject to the FOIA and the codes of practice issued under the FOIA as may be amended, updated or replaced from time to time. The COMPANY acknowledges and agrees that: subject to clauses 6.2.2 and 6.3, the decision on whether any exemption applies to a request for disclosure of recorded information under the FOIA is a decision solely for the RPO; and if the RPO is processing a request under the FOIA to disclose any Confidential Information then the COMPANY shall co-operate with the RPO, at the RPO’s reasonable cost and expense, and shall use reasonable efforts to respond within ten (10) working days of the RPO’s request for assistance in determining whether an exemption to the FOIA applies. If the RPO determines, in its sole discretion, that it will disclose any of the COMPANY’s Confidential Information, it shall use reasonable efforts to notify the COMPANY in writing prior to any such disclosure. In any event, the RPO shall not disclose any Confidential Information which falls within any of the exemptions of the FOIA and will consult with COMPANY to decide how best to respond to any FOIA request before any response is made.] Return of information and surviving obligations Subject to clause 7.2, the Receiving Party shall (a) at the Disclosing Party’s request, and (b) upon any termination of this Agreement: either return to the Disclosing Party or destroy (at the Disclosing Party’s option) all documents and other materials that contain any of the Confidential Information, including all copies made by the Receiving Party representatives; permanently delete all electronic copies of Confidential Information from the...
Exceptions to Confidentiality Obligations. The recipient’s obligations of confidentiality and non-use shall not apply to any information that:
