Common use of Limitations on Confidentiality Clause in Contracts

Limitations on Confidentiality. The obligation of confidentiality contained in this Article VIII shall not apply to the extent that: i) the Receiving Party is required to disclose Confidential Information by applicable law, regulation or order of a governmental agency or a court of competent jurisdiction; ii) the Receiving Party can demonstrate that the disclosed Confidential Information was, at the time of disclosure, already in the public domain other than as a result of actions or failure to act of the Receiving Party, its officers, directors or employees, in violation hereof; iii) the disclosed Confidential Information was rightfully known by the Receiving Party (as shown by its written records) prior to the date of disclosure to the Receiving Party in connection with this Agreement; or iv) the disclosed Confidential Information was received by the Receiving Party on an unrestricted basis from a source which is not under a duty of confidentiality to the other Party.

Appears in 2 contracts

Samples: Processing Agreement (Neopharm Inc), Processing Agreement (Akorn Inc)

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Limitations on Confidentiality. The obligation of confidentiality contained in this Article VIII XI shall not apply to the extent that: i) the Receiving Party is required to disclose Confidential Information information by applicable law, regulation or order of a governmental agency or a court of competent jurisdiction; ii) the Receiving Party can demonstrate that the disclosed Confidential Information was, information was at the time of disclosure, disclosure already in the public domain other than as a result of actions or failure to act of the Receiving Party, its officers, directors or employees, in violation hereof; iii) the disclosed Confidential Information information was rightfully known by the Receiving Party (as shown by its written records) prior to the date of disclosure to the Receiving Party in connection with this Agreement; or iv) the disclosed Confidential Information information was received by the Receiving Party on an unrestricted basis from a source which is not under a duty of confidentiality to the other Partyparty.

Appears in 1 contract

Samples: Manufacturing Agreement (Immunomedics Inc)

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Limitations on Confidentiality. The obligation of confidentiality contained in this Article VIII X shall not apply to the extent that: i) the Receiving Party is required to disclose Confidential Information information by applicable law, regulation or order of a governmental agency or a court of competent jurisdiction; ii) the Receiving Party can demonstrate that the disclosed Confidential Information was, information was at the time of disclosure, disclosure already in the public domain other than as a result of actions or failure to act of the Receiving Party, its officers, directors or employees, in violation hereof; , iii) the disclosed Confidential Information information was rightfully known by the Receiving Party (as shown by its written records) prior to the date of disclosure to the Receiving Party in connection with this Agreement; or iv) the disclosed Confidential Information information was received by the Receiving Party on an unrestricted basis from a source which is not under a duty of confidentiality to the other Partyparty.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Neoprobe Corp)

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