Common use of Non-Applicability Clause in Contracts

Non-Applicability. The foregoing obligation of non-disclosure shall not apply to Confidential Information to the extent such information: i. was available in the public domain at the time of disclosure or subsequently becomes publicly available through no fault of the receiving party; ii. is disclosed to receiving party by a third party who has a right to make such disclosure in a non-confidential manner; iii. is already known to receiving party prior to disclosure hereunder, as shown by prior written records; or iv. is independently developed by receiving party without reliance on or incorporation of the disclosing party’s Confidential Information.

Non-Applicability. The foregoing obligation of non-disclosure shall not apply to Confidential Information to the extent such information: i. was available in the public domain at the time of disclosure or subsequently becomes publicly available through no fault of the receiving party; ii. is disclosed to receiving party by a third party who has a right entitled to make disclose such disclosure in a non-confidential manner;information not subject to any obligation of confidentiality, as shown by prior written records iii. is already known to receiving party prior to disclosure hereunder, as shown by prior written records; or iv. is independently developed by receiving party personnel without reliance on or incorporation of the disclosing party’s Confidential Information., as shown by prior written records

Non-Applicability. The foregoing obligation of non-disclosure shall not apply to Confidential Information to the extent such information: i. was available in the public domain at the time of disclosure or subsequently becomes publicly available through no fault of the receiving party; ii. is disclosed to receiving party by a third party who has a right entitled to make disclose such disclosure in a non-confidential manner; information not subject to any obligation of confidentiality, as shown by prior written records iii. is already known to receiving party prior to disclosure hereunder, as shown by prior written records; or iv. is independently developed by receiving party without reliance on or incorporation of the disclosing party’s Confidential Information.