Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, the Consultant shall not be prohibited from disclosing to third parties, or using without the prior written consent of the Company, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to the Consultant, as evidenced by written records in the possession of Consultant, (c) is subsequently disclosed to Consultant by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by the Company to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to the Company which would allow the Company sufficient time to attempt to obtain injunctive relief in respect to such disclosure.
Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, the non-disclosing party shall not be prohibited from disclosing to third parties, or using without the prior written consent of the disclosing party, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to the non-disclosing party, as evidenced by written records in the possession of non-disclosing party, (c) is subsequently disclosed to non-disclosing party by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by the disclosing party to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to the disclosing party which would allow Consultant sufficient time to attempt to obtain injunctive relief in respect to such disclosure.
Exceptions to Nondisclosure. The nondisclosure obligations of Consultant set forth under Paragraph 9 of this Agreement shall not be deemed to restrict the use and/or disclosure by Consultant or Monarch of any Confidential Information which: (a) Is or becomes publicly known or within the public domain without the breach of this Agreement by consultant or Monarch or persons permitted to receive such information pursuant to Paragraph 9 above; or
Exceptions to Nondisclosure. (a) In the event that the Receiving Company is required by law, regulation or other legal process or is requested (by oral questions, interrogatories, requests for information or documents, subpoena, court order, civil investigative demand or other process) to disclose any Confidential Information, which disclosure is not otherwise permitted hereunder, it is agreed that the Receiving Company will provide the Company with prompt notice of any such request or requirement (if legally permitted) so that the Company may seek an appropriate protective order or waive compliance with the provisions of this Agreement. If, failing the entry of a protective order or the receipt of a waiver hereunder, the Receiving Company is, after consultation with counsel for the Receiving Company, required or compelled to disclose Confidential Information pursuant to such request, the Receiving Company may disclose that portion of the Confidential Information which such counsel has advised that the Receiving Company is required or compelled to disclose as aforesaid. In any event, the Receiving Company will not oppose action by, and will cooperate with, the Company, at the Company’s expense, in its efforts to obtain an appropriate protective order or other assurance that confidential treatment will be accorded the Confidential Information. All references to the Receiving Company in this paragraph shall be deemed to include the Receiving Company’s Representatives.
Exceptions to Nondisclosure. Neither party shall be subject to the obligations of this Agreement with respect to Confidential Information which: is or becomes known publicly through no wrongful act of the Receiving Party; or was already known to the receiving party at the time of disclosure hereunder as shown by the Receiving Party’s prior written records; or is learned by the Receiving Party from a third party under no obligation to the Disclosing Party; or is independently developed by an employee, agent, or consultant of the Receiving Party with no knowledge of disclosures hereunder, or is approved for release by written authorization of the Disclosing Party.
Exceptions to Nondisclosure. Notwithstanding Section 10.2, Recipient may disclose or produce any Confidential Information or Confidential Materials if and to the extent required by any discovery request, subpoena, court order or governmental action; provided that Recipient shall give Discloser reasonable advance notice of the same and shall afford Discloser a reasonable opportunity to appear, object and obtain a protective order or other appropriate relief regarding such disclosure.
Exceptions to Nondisclosure. (a) In the event that the Receiving Company is requested (by oral questions, interrogatories, requests for information or documents, subpoena, court order, civil investigative demand or other process) to disclose any Confidential Information, which disclosure is not otherwise permitted hereunder, it is agreed that the Receiving Company will provide the Delivering Company with prompt notice of any such request or requirement so that the Delivering Company may seek an appropriate protective order or waive compliance with the provisions of this Agreement. If, failing the entry of a protective order or the receipt of a waiver hereunder, the Receiving Company is, in the reasonable written opinion of outside counsel for the Receiving Company, compelled to disclose Confidential Information pursuant to such re-quest or else stand liable for contempt or suffer other significant penalty, the Receiving Company may disclose that portion of the Confidential Information which such counsel has advised that the Receiving Company is compelled to disclose as aforesaid. In any event, the Receiving Company will not oppose action by, and will cooperate with, the Delivering Company to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. All references to the Receiving Company in this paragraph shall be deemed to include the Receiving Company's Representatives.
Exceptions to Nondisclosure. Notwithstanding anything to the contrary contained in this Agreement, CASIMIR shall not be prohibited from disclosing to third parties, or using without the prior written consent of TurboWorx, information that (a) was, on the date of this Agreement, generally known to the public, (b) is as of the date of this Agreement known to CASIMIR, as evidenced by written records in the possession of CASIMIR, (c) is subsequently disclosed to CASIMIR by a third party who is in lawful possession of such information and is not under an obligation of confidence, (d) is disclosed by TurboWorx to third parties generally without restriction on use and disclosure, or (e) is required to be disclosed by law or a final order of a court or other governmental agency or authority of competent jurisdiction, provided, however, reasonable notice prior to any disclosure as required by applicable law or court process shall be given to TurboWorx which would allow TurboWorx sufficient time to attempt to obtain injunctive relief in respect to such disclosure.
Exceptions to Nondisclosure. Notwithstanding Section 4 (Nondisclosure) above, neither Party shall be liable under this MNDA if a disclosure or use of Confidential Customer Data is made where the Confidential Customer Data (whether individually or in the aggregate) is:
Exceptions to Nondisclosure. Notwithstanding Section 4 (Nondisclosure) above, neither Party shall be liable under this Agreement if a disclosure or use of Confidential Customer Data is made where the Confidential Customer Data (whether individually or in the aggregate) is:
