Common use of This Section 20 Clause in Contracts

This 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 an agent, employee representative or Affiliate of the 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 no reasonable basis on which to inquire as to whether or not such information was subject to a confidentiality agreement at the time such information was acquired; 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.

This 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 an agent, employee representative or Affiliate of the 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 no reasonable basis on which to inquire as to whether or not such information was subject to a confidentiality agreement at the time such information was acquired; 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 20.3this Article XX.