Common use of LIMITATION AND SURVIVAL OF OBLIGATIONS Clause in Contracts

LIMITATION AND SURVIVAL OF OBLIGATIONS. The covenants and obligations undertaken by TI pursuant to this Section 10.04 shall not apply to, and Anam Confidential Information shall not include, any information which TI can establish (i) was independently developed by TI without any use of Anam Confidential Information or by TI's employees or other agents (or independent contractors hired by TI) who have not been exposed to the Anam Confidential Information; (ii) becomes known to TI without restriction, from a source other than Anam that had a right to disclose it and without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of TI; or (iv) was rightfully known to TI, without restriction, at the time of disclosure.

LIMITATION AND SURVIVAL OF OBLIGATIONS. The covenants and obligations undertaken by TI Anam pursuant to this Section 10.04 10.01 shall not apply to, and Anam TI Confidential Information shall not include, any information which TI Anam can establish (i) was independently developed by TI Anam without any use of Anam TI Confidential Information or by TIAnam's employees or other agents (or independent contractors hired by TIAnam) who have not been exposed to the Anam TI Confidential Information; (ii) becomes known to TI Anam, without restriction, from a source other than Anam TI that had a right to disclose it and without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of TIAnam; or (iv) was rightfully known to TIAnam, without restriction, at the time of disclosure.