Exceptions to Confidentiality Obligations. 4.1 This Agreement imposes no obligation upon the Recipient with respect to the City’s Confidential Material received hereunder that
Exceptions to Confidentiality Obligations. The obligations of this Agreement shall not apply to Confidential Information which the Consultant shall demonstrate, by clear and convincing evidence:
Exceptions to Confidentiality Obligations. Notwithstanding the foregoing, the Consultant’s obligations of confidentiality will not include information which: at the time of disclosure was in the public domain; after such disclosure, immediately becomes generally available to the public other than through any act or omission of the Consultant or its Personnel; and is required to be disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished to the District in a timely manner in order to afford the District the opportunity to seek a protective order against such disclosure and the disclosure is strictly limited to the information that the court requires.
Exceptions to Confidentiality Obligations. The confidentiality and limited use obligations of this Agreement shall not apply to information received pursuant to this Agreement which:
Exceptions to Confidentiality Obligations. (a) Clauses 3.3, 3.4 and 3.5 do not apply to Confidential Information which:
Exceptions to Confidentiality Obligations. Confidential Information will not include information to the extent that such information:
Exceptions to Confidentiality Obligations. The obligations set out in Clauses 8.1 and 8.2 shall not apply to that part of the Confidential Information of the Disclosing Party which the Receiving Party can demonstrate by reasonable, written evidence:
Exceptions to Confidentiality Obligations. A Party’s obligations under this Agreement with respect to any portion of the other Party’s Confidential Information shall terminate when the Party that is subject to such obligations can document in writing that such information: (a) entered the public domain through no fault of such Party; (b) was in such Party’s possession free of any obligation of confidence at the time it was communicated to such Party by the other Party; (c) was rightfully communicated to such Party free of any obligation of confidence subsequent to the time it was communicated to such Party by the other Party; or (d) was developed by employees or agents of such Party independently of and without reference to any information communicated to such Party by the other Party.
Exceptions to Confidentiality Obligations. The recipient’s obligations of confidentiality and non-use shall not apply to any information that:
Exceptions to Confidentiality Obligations. The Company’s obligations under clause 2 shall not apply to Confidential Information that: the Company possessed before the University disclosed it to the Company; or is or becomes publicly known, other than as a result of breach of the terms of this Agreement by the Company or by anyone to whom the Company disclosed it; or the Company obtains from a third party, and the third party was not under any obligation of confidentiality with respect to the Confidential Information; or it can show (as demonstrated by its written records or other reasonable evidence) has been developed by any of the Company’s employees who have not had any direct or indirect access to, or use or knowledge of, the University’s Confidential Information. Term, Return of information and surviving obligations This Agreement shall commence on the date of execution of this Agreement and shall continue in force unless and until it is terminated in accordance with its terms or otherwise terminated or superseded by written agreement between the Parties. Either Party may terminate this Agreement at any time by giving seven (7) days’ prior written notice to the other Party. Subject to clause 6.4, the Company shall (a) at the University’s request, and (b) upon any termination of this Agreement: either return to the University or destroy (at the University’s option) all documents and other materials that contain any of the Confidential Information, including all copies made by the Company representatives; permanently delete all electronic copies of Confidential Information from the Company’s computer systems; and provide to the University a certificate, signed by an officer of the Company, confirming that the obligations referred to in clauses 6.3.1 and 6.3.2 have been met. As an exception to its obligations under clause 6.3, the Company may retain one copy of the Confidential Information, in paper form, in the Company’s legal files for the purpose of ensuring compliance with the Company’s obligations under this Agreement. Following the date of any termination of this Agreement, or any return of Confidential Information to the University (“Final Date”), (a) the Company shall make no further use of the Confidential Information, and (b) the Company’s obligations under this Agreement shall otherwise continue in force, in respect of Confidential Information disclosed prior to the Final Date, in each case for a period of [5/10] years from the Final Date.
