Common use of Exceptions to Confidentiality Clause in Contracts

Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to information that: (i) is in or enters the public domain other than as a result of the act or omission of the Receiving Party or its Affiliates, or their respective Representatives, in breach of these Conditions; (ii) is obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, in each case without notice of any obligation to maintain it as confidential; (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; (iv) an Authorized Persons has agreed that the Receiving Party may disclose it; or (v) constitutes Anonymized and/or Aggregated Data.

Appears in 9 contracts

Samples: Services Agreement (Timothy Plan), Services Agreement (Mirae Asset Discovery Funds), Accounting and Compliance Services Agreement (Cavanal Hill Funds)

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Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to information that: (i) is in or enters the public domain other than as a result of the act or omission of the Receiving Party or its Affiliates, or their respective Representatives, in breach of these Conditions; (ii) is obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, in each case without notice of any obligation to maintain it as confidential; (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s 's Confidential Information; (iv) an Authorized Persons has agreed that the Receiving Party may disclose it; or (v) constitutes Anonymized and/or Aggregated Data.

Appears in 3 contracts

Samples: Services Agreement (Allianz Variable Insurance Products Trust), Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Services Agreement (Weitz Funds)

Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to to: information that: that (i) is in or enters the public domain other than as a result of the wrongful act or omission of the Receiving Party or its Affiliates, or their respective Representatives, Representatives in breach of these Conditions; , (ii) is lawfully obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, Party in each case without notice of any obligation to maintain it as confidential; , (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; , (iv) an Authorized Persons authorized officer of the Disclosing Party has agreed in writing that the Receiving Party may disclose it; on a non-confidential basis, or (v) constitutes Anonymized and/or Aggregated Data.

Appears in 2 contracts

Samples: Global Custodial and Agency Services Agreement (EntrepreneurShares Series Trust), Global Custodial and Agency Services Agreement (Collaborative Investment Series Trust)

Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to information that: (i) is in or enters the public domain other than as a result of the act or omission of the Receiving Party or its Affiliates, or their respective Representatives, in breach of these Conditions; (ii) is obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, in each case without notice of any obligation to maintain it as confidential; (iii) was independently developed by the Receiving Party without use of, reliance upon or reference to the Disclosing Party’s Confidential Information; or (iv) an Authorized Persons has agreed that the Receiving Party may disclose it; or (v) constitutes Anonymized and/or Aggregated DataData ; or (vi) is required to be disclosed by judicial or administrative process or otherwise by applicable law or regulation.

Appears in 2 contracts

Samples: Services Agreement (Dimensional ETF Trust), Services Agreement (Dimensional ETF Trust)

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Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to information that: (i) is in or enters the public domain other than as a result of the act or omission of the Receiving Party or its Affiliates, or their respective Representatives, in breach of these Conditions; (ii) is obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, in each case without notice of any obligation to maintain it as confidential; (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; (iv) an Authorized Persons has agreed that the Receiving Party may disclose it; , or (v) constitutes Anonymized and/or Aggregated Data.

Appears in 2 contracts

Samples: Sub Administration Services Agreement (HSBC Funds), Services Agreement (HSBC Funds)

Exceptions to Confidentiality. Notwithstanding anything in these Conditions to the contrary, the restrictions on the use and disclosure of Confidential Information in these Conditions do not apply to information that: (i) is in or enters the public domain other than as a result of the act or omission of the Receiving Party or its Affiliates, or their respective Representatives, in breach of these Conditions; (ii) is obtained by the Receiving Party from a third party believed by the Receiving Party to have authority to provide it or already known by the Receiving Party, in each case without notice of any obligation to maintain it as confidential; (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; (iv) an Authorized Persons Person has agreed that the Receiving Party may disclose it; or (v) constitutes Anonymized and/or Aggregated Data.

Appears in 1 contract

Samples: Sub Administration Services Agreement (Cavanal Hill Funds)

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