Common use of Excluded Information Clause in Contracts

Excluded Information. Confidential Information shall not include information: (a) which was known to the Recipient prior to the Recipient’s receipt from the Company; (b) which is now or shall hereafter become, through no act or failure to act upon the part of the Recipient in violation of this Agreement, generally or publicly known; (c) which is hereafter furnished to the Recipient by a third party acting lawfully and without restriction on disclosure; or (d) which is independently developed by the Recipient without the use of the Confidential Information.

Excluded Information. The Confidential Information shall not include information: information that (ai) which was known is or becomes generally available to the Recipient prior to the Recipient’s receipt from the Company; (b) which is now or shall hereafter become, through no act or failure to act upon the part public other than as a result of acts by the Recipient in violation breach of the terms of this Agreement, generally (ii) is independently derived by the Recipient without the aid, application, or publicly known; use of the Confidential Information, (ciii) which is hereafter furnished disclosed to the Recipient by a third party acting lawfully and without restriction Party on disclosure; a nonconfidential basis, or (div) which is independently developed required to be disclosed by the Recipient without the use of the Confidential Informationapplicable law or regulation.