Common use of Section 20 Clause in Contracts

Section 20. 2 shall not apply to any Proprietary Information which the Receiving Party can establish to have: (a) been disclosed by the Receiving Party with the Disclosing Party's prior written consent; (b) become generally available to the public other than as a result of disclosure by a Receiving Party; (c) been independently developed by a Receiving Party by an individual who has not had knowledge of or direct or indirect access to such Proprietary Information; (d) been rightfully obtained by the Receiving Party from a third person without knowledge that such third person is obligated to protect its confidentiality; provided that such Receiving Party has exercised commercially reasonable efforts to determine whether such third person has any such obligation; or (e) been obligated to be produced or disclosed by Applicable Law; provided that such production or disclosure shall have been made in accordance with Section 20.3.

Section 20. 2 shall not apply to any Proprietary Information which the Receiving Party can establish to have: (a) been disclosed by the Receiving Party with the Disclosing Party's ’s prior written consent; (b) become generally available to the public other than as a result of disclosure by a Receiving Party; (c) been independently developed by a Receiving Party by an individual who has not had knowledge of or direct or indirect access to such Proprietary Information; (d) been rightfully obtained by the Receiving Party from a third person without knowledge that such third person is obligated to protect its confidentiality; provided that such Receiving Party has exercised commercially reasonable efforts to determine whether such third person has any such obligation; or (e) been obligated to be produced or disclosed by Applicable Law; provided that such production or disclosure shall have been made in accordance with Section 20.3.

Section 20. 2 shall not apply to any Proprietary Information which the Receiving Party can establish to have: (a) been disclosed by the Receiving Party with the Disclosing Party's prior written consent; (b) become generally available to the public other than as a result of disclosure by a Receiving Party; (c) been independently developed by a Receiving Party by an individual who has not had knowledge of or direct or indirect access to such Proprietary Information; (d) been rightfully obtained by the Receiving Party from a third person without knowledge that such third person is obligated to protect its confidentiality; provided that such Receiving Party has exercised commercially reasonable efforts to determine whether such third person has any such obligation; or 8822090.1 102708 1111C 96252093 (e) been obligated to be produced or disclosed by Applicable Law; provided that such production or disclosure shall have been made in accordance with Section 20.3.