Non-Application. The warranties and undertakings contained in Clause 3 above do not apply to Information which: 4.1 prior to its disclosure was lawfully in the possession of the Receiving Party; or 4.2 is in the public domain through no fault or cause of the Receiving Party; or 4.3 can be shown to have been independently developed by the Receiving Party; or 4.4 can be shown to have been lawfully known to the Receiving Party prior to disclosure; or 4.5 is lawfully made available to the Receiving Party by a third party entitled to disclose the same.
Appears in 5 contracts
Sources: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement