Common use of Exclusions from Nondisclosure and Nonuse Obligations Clause in Contracts

Exclusions from Nondisclosure and Nonuse Obligations. Consultant’s obligations under this Section 6 with respect to any portion of the Confidential Information of the Company shall not apply to any such portion that Consultant can demonstrate (i) was in the public domain at or subsequent to the time such portion was communicated to Consultant by the Company through no fault of Consultant, or (ii) was rightfully in Consultant’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant by the Company. A disclosure of Confidential Information by Consultant either in response to a valid order by a court or other governmental body, otherwise required by law, or necessary to establish the rights of either party under this Agreement shall not be considered a breach of this Agreement or a waiver of confidentiality for other purposes, provided, however, that Consultant shall provide prompt prior written notice thereof to the Company to enable the Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Consultant’s obligations under this Section 6 with respect to any portion of the Confidential Information of the Company shall not apply to any such portion that Consultant can demonstrate (i) was in the public domain at or subsequent to the time such portion was communicated to Consultant by the Company through no though not fault of Consultant, or (ii) was rightfully in Consultant’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant by the Company. A disclosure of Confidential Information by Consultant either in response to a valid order by a court or of other governmental body, otherwise required by law, or necessary to establish the rights of either party under this Agreement shall not be considered a breach of this Agreement or a waiver of confidentiality for other purposes, provided, however, that Consultant shall provide prompt prior written notice thereof to the Company to enable the Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. Consultant’s obligations under this Section 6 5 with respect to any portion of the Confidential and Proprietary Information of the Company shall will not apply to any such portion that Consultant can demonstrate (i) was in the public domain at or subsequent to the time such portion was communicated to Consultant by the Company through no fault of Consultant, or (ii) was rightfully in Consultant’s possession and is free of any obligation of confidence at or subsequent to (it being understood that all existing confidentiality obligations of Consultant in favor of the time such portion was communicated to Consultant by the CompanyCompany and any of its subsidiaries shall remain in full force and effect notwithstanding any provision of this Agreement). A disclosure of Confidential and Proprietary Information by Consultant either in response to a valid order by a court or other governmental body, otherwise required by law, or necessary to establish the rights of either party under this Agreement shall will not be considered a breach of this Agreement or a waiver of confidentiality for other purposes, provided, however, that Consultant shall will provide prompt prior written notice thereof to the Company to enable the Company to seek a protective order or otherwise prevent such disclosure.

Exclusions from Nondisclosure and Nonuse Obligations. The Consultant’s 's obligations under this Section 6 with respect to any portion of the Confidential Information of the Company shall not apply to any such portion that the Consultant can demonstrate (i) was in the public domain at or subsequent to the time such portion was communicated to the Consultant by the Company through no though not fault of the Consultant, or (ii) was rightfully in the Consultant’s 's possession free of any obligation of confidence at or subsequent to the time such portion was communicated to the Consultant by the Company. A disclosure of Confidential Information by the Consultant either in response to a valid order by a court or of other governmental body, otherwise required by law, or necessary to establish the rights of either party under this Agreement shall not be considered a breach of this Agreement or a waiver of confidentiality for other purposes, provided, however, that the Consultant shall provide prompt prior written notice thereof to the Company to enable the Company to seek a protective order or otherwise prevent such disclosure.