Common use of Limitation on Information Clause in Contracts

Limitation on Information. The term Information shall not include information that, other than by breach of this Agreement by Recipient or its Representatives: (i) is or becomes available to the public other than as a result of a disclosure by the Recipient or its Representatives in breach of this Agreement, (ii) is in lawful possession of the Recipient on a non-confidential basis prior to disclosure by Company or Company’s Representatives, (iii) is obtained from a third party who is not known, after a reasonable inquiry, by Recipient to be prohibited from disclosing such information, or (iv) is developed by Recipient or its Representatives independently of the Information received from Company.

Limitation on Information. The term Information shall not include information that, other than by breach of this Agreement by Recipient or its Representatives: (i) is or becomes available to the public other than as a result of a disclosure by the Recipient or its Representatives in breach of this Agreement, (ii) is in lawful possession of the Recipient on a non-confidential basis prior to disclosure by Company or Company’s Representatives, (iii) is obtained from a third party who is not known, after a reasonable inquiry, by Recipient to be prohibited from disclosing such information, or (iv) is developed by Recipient or its Representatives independently of the Information received from the Company.