Exempted information. Information that the Receiving Party can establish: (a) was in the Receiving Party's possession before receipt from the Disclosing Party; (b) is or becomes known to the general public without improper action or inaction by the Receiving Party; (c) was rightfully disclosed to it by a third party, provided the Receiving Party complies with any restrictions imposed by the third party; (d) is independently developed by the Receiving Party without the use of the Confidential Information provided by the Disclosing Party; (e) is disclosed pursuant to a court order provided the Receiving Party uses reasonable efforts to limit disclosure and has allowed the Disclosing Party to participate in the proceeding or; (f) is disclosed by the Receiving Party with the Disclosing Party's prior written approval; shall not be considered Confidential Information hereunder.
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