Not Within Definition Sample Clauses
The "Not Within Definition" clause serves to explicitly exclude certain items, terms, or situations from the scope of a defined term within a contract. In practice, this clause clarifies that even if something might seem to fit a general definition, it is specifically not included; for example, a definition of "employee" might state that independent contractors are not within the definition. This ensures precision in contractual language, preventing ambiguity and potential disputes over what is or is not covered by a particular definition.
Not Within Definition. Notwithstanding any other provision in this Agreement, the Parties hereto acknowledge that Confidential Information shall not include any information that:-
(a) is now or subsequently becomes publicly known or available without breach of this Agreement;
(b) was previously in the lawful possession of the Receiving Party without any obligation of confidentiality and which was not acquired from, provided, given, sold or otherwise disclosed (directly or indirectly) by the Disclosing Party;
(c) the Receiving Party lawfully receives without any obligation of confidentiality from a third party which had received the same without any obligation of confidentiality; and
(d) is required to be disclosed by law, regulation, listing rules or any competent authority provided always that in the such event, the provisions of Clause 4 shall apply.
Not Within Definition. Notwithstanding any other provision of this Agreement, the Parties hereto acknowledge that Confidential Information shall not include any information that :-
a) is now or subsequently becomes publicly known or available without breach of this Agreement;
b) was previously in the possession of the Receiving Party without any obligation of confidentiality and which was not acquired from, provided, given, sold or otherwise disclosed (directly or indirectly) by the Disclosing Party;
c) subject to the provisions of Clause 5 is required to be disclosed by law.