Exceptions to obligations. The provisions of Clause 0 shall not apply to Know-how and other information which the Receiving Party can demonstrate by reasonable, written evidence: (a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or (b) is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or (c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-Licensees.
Appears in 2 contracts
Sources: Development and License Agreement (Ym Biosciences Inc), Development and License Agreement (Ym Biosciences Inc)
Exceptions to obligations. The provisions of Clause 0 4.4 shall not apply to Know-how and other information which the Receiving Party can demonstrate by reasonable, written evidence:
(a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or
(b) is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or
(c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-Licensees.
Appears in 2 contracts
Sources: Development and Licence Agreement (Ym Biosciences Inc), Development and Licence Agreement (Ym Biosciences Inc)
Exceptions to obligations. The provisions of Clause 0 7.2 shall not apply to Know-how and other information Confidential Information which the Receiving Party can demonstrate by reasonable, written evidencedemonstrate:
(a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or;
(b) is subsequently disclosed to the Receiving Party without any obligations of confidence confidentiality by a third party Third Party who has was not derived under a duty of confidentiality and did not derive it directly or indirectly from the Disclosing Party; or
(c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-Licenseeslicensees.
Appears in 1 contract
Exceptions to obligations. The provisions of Clause 0 3.4 shall not apply to Know-how and other information Confidential Information which the Receiving Party can demonstrate by reasonable, written evidence:
(a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or;
(b) is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or;
(c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-Licensees.licencees; or
(d) in the case of Know-how, it has independently developed
Appears in 1 contract
Sources: Licence and Development Agreement (Xenova Group PLC)
Exceptions to obligations. The provisions of this Clause 0 3 shall not apply to Know-how and other information Confidential lnformation which the Receiving Party can demonstrate by reasonable, written evidence:
(a) was, prior to its receipt by the Receiving Party from the Disclosing Party, in the possession of the Receiving Party and at its free disposal; or
(b) is subsequently disclosed to the Receiving Party without any obligations of confidence by a third party who has not derived it directly or indirectly from the Disclosing Party; or
(c) is or becomes generally available to the public through no act or default of the Receiving Party or its agents, employees, Affiliates or sub-Licenseeslicensees.
Appears in 1 contract