Exceptions to Non-Disclosure. Notwithstanding Sections 9.2.1 and 9.2.2 above, each Party to this Agreement shall not have breached any obligation under this Agreement if Confidential Information is disclosed to a third party when the Confidential Information:
Exceptions to Non-Disclosure. Notwithstanding the preceding clause, a party may disclose Confidential Information of the other party if the disclosure is:
Exceptions to Non-Disclosure. Notwithstanding Sections 16.2 and 16.3, if the Institution or the Principal Investigator are legally required to disclose Confidential Information or results of the Study, the Institution or the Principal Investigator, as applicable and to the extent permitted by law, shall use reasonable efforts to promptly notify SPONSOR in writing prior to making the required disclosure. If such disclosure is required pursuant to a lawful subpoena or judicial or government request or order, the Institution and the Principal Investigator shall permit SPONSOR to defend against any such order of disclosure and the Institution shall assist, at SPONSOR’s expense, in such defense to the extent permitted by Applicable Laws. If the Institution or the Principal Investigator is thereafter or otherwise required to disclose any Confidential Information, the Institution or the Principal Investigator, as applicable, shall use reasonable efforts under the circumstances to craft such disclosure as reasonably requested by SPONSOR so that such disclosure shall contain only such Confidential Information as is required by Applicable Laws. Nothing contained herein shall prohibit the Institution or the Principal Investigator from immediately disclosing information relating to the Study to those individuals who have a need to know to mitigate a serious health hazard; provided, however, that the Institution or the Principal Investigator, as applicable, shall notify SPONSOR prior to making such a disclosure, to the extent practicable, and promptly after it has made such a disclosure.
Exceptions to Non-Disclosure. Nothing in the Agreement shall prohibit or limit Recipient’s disclosure or use of information if Recipient can establish that (i) at the time of disclosure such information was generally available to the public; (ii) after disclosure by Discloser and prior to any disclosure by Recipient, such information becomes generally available to the public, except through breach of the Agreement by Recipient; (iii) such information was in Recipient’s possession prior to the time of disclosure by Discloser and was not acquired directly or indirectly from Discloser; (iv) the information became available to Recipient from a third party who, to the knowledge of Recipient, does not owe a confidentiality obligation to Discloser; (v) the information was developed by or for Recipient independently of the disclosure of such information by Discloser; (vi) the Confidential Information is disclosed by Recipient pursuant to a requirement of a governmental agency or by operation of law, provided that, with respect to item (vi), Recipient shall first notify Discloser prior to disclosure in order to give Discloser an opportunity to seek an appropriate protective order and/or waive compliance with the terms of the Agreement and shall disclose only that part of the Confidential Information which Recipient is required to disclose or (vii) the information relates to the tax treatment or the tax structure of the transactions contemplated herein, where “the tax treatment or the tax structure” is limited to any facts relevant to the U.S. federal income tax treatment of the transaction and does not include information relating to the identity of the parties.
Exceptions to Non-Disclosure. (a) The restrictions on use and disclosure of LNGRV Confidential Information shall not apply to such specific information as Owner can show:
Exceptions to Non-Disclosure. Confidential Information may be disclosed by the Receiving Party to a third party to the extent that such information:
Exceptions to Non-Disclosure. Notwithstanding Section 11(b):
Exceptions to Non-Disclosure. Notwithstanding the provisions of Section 6.2 hereof, neither Rhythms nor Cisco shall be limited in its use or disclosure of any Proprietary Information that Rhythms or Cisco can demonstrate: (a) is or has become readily publicly available without restriction through no fault of Rhythms (or its employees or agents) or Cisco (or its employees or agents), respectively; (b) is received without restriction from a third party lawfully in possession of such Information and such third party was under no obligation or duty not to disclose such Information; (c) was rightfully in possession of Rhythms or Cisco (as the case may be) without restriction prior to its disclosure by Cisco or Rhythms, respectively; (d) was independently developed by employees or consultants of Rhythms or Cisco (as the case may be) without access to Proprietary Information; or (e) is required to be disclosed by applicable law or in connection with any legal, administrative, judicial or governmental proceeding, hearing or process (in which event, the disclosing party shall promptly notify the other of such proposed disclosure). Rhythms and Cisco represents and warrants to the other party hereto that (a) performance of the terms of this Agreement will not breach any agreement to keep in confidence Proprietary Information acquired by Rhythms or Cisco, respectively, in confidence or in trust prior to the execution of this Agreement, and (b) Rhythms and Cisco, respectively, has not entered into (and Rhythms and Cisco, respectively, agrees not to enter into) any agreement or commitment, either written or oral, that conflicts or might conflict with its confidentiality obligations under this Agreement.
Exceptions to Non-Disclosure. Nothing in the Agreement shall prohibit or limit Recipient’s disclosure or use of information if Recipient can establish that (i) at the time of disclosure such information was generally available to the public; (ii) after disclosure by Discloser and prior to any disclosure by Recipient, such information becomes generally available to the public, except through breach of the Agreement by Recipient; (iii) such information was in Recipient’s possession prior to the time of disclosure by Discloser and was not acquired directly or indirectly from Discloser; (iv) the information became available to Recipient from a third party who, to the knowledge of Recipient, does
Exceptions to Non-Disclosure. The prohibitions on the disclosure of Confidential Information set forth in this Article 11 shall not apply to any information:
