The provisions of Article. 16.2 shall not apply to any individual who can be proven to have responded to a bona fide published recruitment advertisement where the recruited person is not recruited to work for or with a party's personnel or department involved in this Agreement. Nothing in this Article 16 is intended to restrict the right of any individual to seek employment with whomsoever they wish, but is intended to provide for due compensation where such a situation occurs as a result of entering into this Agreement recognizing that loss of experienced personnel can have a serious effect upon any employer.
The provisions of Article. 12.1.1 shall not apply to part- time teachers employed on contract for less than 0.5
The provisions of Article. 19.1 shall not apply when an employee is assigned to work of a higher classification for training or trial, for a maximum of fifteen (15) days and where a qualified staff member is assigned to assist in such training. Further, 19.1 shall not apply when an employee temporarily relieves another employee in a higher classification for break periods or when a reporter performs news assignment editor duties on weekend, statutory holidays or evenings, except where a news assignment editor would normally be required (eg. Election coverage, Royal or Papal visits).
The provisions of Article. IX Section 9.1 shall not apply to any proprietary information that (i) has become generally available to the public through no fault of the receiving Party or its employees, (ii) the receiving Party can prove by clear and convincing documentary evidence was in its possession before disclosure hereunder and did not come directly or indirectly from the disclosing Party, (iii) becomes known to the receiving Party through lawful disclosure from a third party that is not subject to a confidentiality agreement with the disclosing Party or Affiliate, or (iv) the receiving Party can prove by clear and convincing documentary evidence has been or is developed by the receiving Party independent of any such proprietary information disclosed by the disclosing Party.