Common use of Limited Release Clause in Contracts

Limited Release. The receiving party shall be released from the obligations of Section 9.1 to the extent that any of the disclosed information: (a) was already part of the public domain at the time of the disclosure by the disclosing party; (b) becomes part of the public domain through no fault of the receiving party (but only after and only to the extent that it is published or otherwise becomes part of the public domain); (c) was in the receiving party's possession prior to the disclosure by the disclosing party and was not acquired, directly, or indirectly, from the disclosing party or from a third party who was under a continuing obligation of confidence to the disclosing party; (d) is received (after the disclosure by the disclosing party) by the receiving party from a third party who did not require the receiving party to hold it in confidence and did not acquire it directly or indirectly from the disclosing party under a continuing obligation of confidence; or (e) is disclosed by the receiving party pursuant to judicial compulsion, provided that the disclosing party is notified at the time such judicial action is initiated. In addition, notwithstanding Section 9.1, Seller may provide proprietary information of Buyer to its subcontractors and vendors without Buyer's prior approval provided that WGL first requires may such subcontractor or vendor to sign a confidentiality agreement which requires them to keep confidential such Buyer information and not to use it except for the purpose of performing their obligations to Seller.