Common use of Exceptions to obligations Clause in Contracts

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

Sources: License Agreement (Ym Biosciences Inc)

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

Sources: Short Form Non Exclusive License Agreement