Confidentiality Exclusions. The Receiving Party shall have no obligation under Section 11.3 with respect to any Confidential Information which the Receiving Party can demonstrate by reasonable written evidence contemporaneous with the event of the exclusion sought to be used hereunder: (a) was already known to it at the time of its receipt hereunder; (b) is or becomes generally available to the public other than by means of breach of this Agreement; (c) is independently obtained from a third party (other than any Authorized Recipient) whose disclosure to the Receiving Party does not violate a duty of confidentiality; or
Confidentiality Exclusions. For purposes hereof, Confidential Information will not include any information that the Receiving Party can establish by convincing written evidence: (a) was previously known by the Receiving Party; (b) was independently developed by the Receiving Party without use of or reference to any Confidential Information belonging to the Disclosing Party; (c) was acquired by the Receiving Party from a third party having the legal right to furnish same to the Receiving Party without disclosure restrictions; or (d) was at the time in question (whether at disclosure or thereafter) generally known by or available to the public (through no fault of the Receiving Party).
Confidentiality Exclusions. The obligations set forth in Section 5 will not apply to any Confidential Information that: (i) is in or enters the public domain without breach of this Agreement by the receiving party; (ii) the receiving party lawfully receives from a third party without restriction on use or disclosure; (iii) the receiving party knew prior to receiving such information from the disclosing party without breach of a nondisclosure obligation, or (iv) the receiving party independently develops without reference to the other party’s Confidential Information.
Confidentiality Exclusions. Article 11.2 (Confidentiality Obligations) does not apply to information which, even if it may be marked “confidential’, is not really confidential, in that
Confidentiality Exclusions. The requirement of confidentiality set forth in this agreement does not apply to any Information which
Confidentiality Exclusions. Nothing in this Article 5 shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information but which (a) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (b) subsequently becomes publicly available through no fault of that party; (c) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (d) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to allow the other party to obtain a protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information.
Confidentiality Exclusions. “Confidential Information” will not include any information that the receiving Party can establish, via its written records: (a) was independently developed without use of or reference to any Confidential Information; (b) was acquired from a third party which, to the receiving Party’s knowledge, was not under confidentiality or non-disclosure restrictions; or (c) was generally known by or available to the public (through no fault of the receiving Party). The receiving Party may disclose Confidential Information to the extent required by Applicable Law or as otherwise legally compelled, provided that the receiving Party shall promptly notify the other Party before disclosing such Confidential Information, and shall provide reasonable assistance to the other party, upon request, in its efforts to obtain a protective order to protect the confidentiality of such information to be disclosed.
Confidentiality Exclusions. The requirement of confidentiality set forth in this agreement does not apply to any Information which (a) at the time of disclosure is generally available to and known by the public (other than as a result of a disclosure made, directly or indirectly, by EMSL), (b) was made available to EMSL on a nonconfidential basis from a source other than Client, provided that the source is not and was not bound by a confidentiality agreement with the Client, (c) was independently acquired or developed by EMSL without violating any of EMSL’s obligations under this Agreement, or (d) has become publicly available other than by EMSL’s breach of this Agreement, but the obligation of confidentiality shall cease only after the date on which such information has become publicly available.
Confidentiality Exclusions. 13.2.1 This confidentiality obligation shall not apply to information:
Confidentiality Exclusions. 3.1 The Receiving party shall have no obligation under Section 2 with respect to any Confidential Information which the Receiving party can demonstrate by reasonable written evidence contemporaneous with the event of the exclusion sought to be used hereunder:
