Limitations of Confidentiality. The obligations set forth above do not apply to information that (i) is in or enters the public domain without breach of the Agreement, (ii) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (iii) the receiving party knew prior to receiving such information from the disclosing party or developed independently without access or reference to the Confidential Information, (iv) is disclosed with the written approval of the disclosing party, or
Limitations of Confidentiality. Notwithstanding anything in this Agreement to the contrary, Employee shall have no liability or obligation with regard to any Confidential Information which: (i) was publicly known and generally available in the public domain at the time it was disclosed to a third party or becomes publicly known and generally available in the public domain through no fault of Employee; (ii) is disclosed to a third party with the prior written approval of the Company; (iii) becomes known to Employee through a source other than the Company without breach of this Agreement by Employee and is otherwise not in violation of the rights of the Company; (iv) is disclosed to a third party by the Company without restrictions similar to those contained in this Agreement; or (v) is disclosed to a third party pursuant to the order or requirement of a court, administrative agency or other governmental body provided that (A) Employee will provide the Company with prompt written notice, if legally permissible, and will use its best efforts to assist the Company in seeking a protective order or another appropriate remedy, (B) if the Company waives Employee’s compliance with this Agreement or fails to obtain a protective order or other appropriate remedy, Employee will furnish only that portion of the Confidential Information that is legally required to be disclosed and (C) any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
Limitations of Confidentiality. Notwithstanding anything in this Agreement to the contrary, the Receiving Party shall have no liability or obligation to BPF to the extent the Receiving Party can show to BPF that any Proprietary Information: (i) was in the public domain at the time it was disclosed to a third party or becomes in the public domain through no fault of the Receiving Party; (ii) has been disclosed to a third party with the prior written approval of BPF; (iii) becomes known to the Receiving Party through a source other than BPF or the representatives of BPF without breach of this Agreement by the Receiving Party and otherwise not in violation of the rights of BPF; (iv) is disclosed to a third party by BPF without restrictions similar to those contained in this Agreement; or (v) is disclosed to a third party pursuant to the order or requirement of a court, administrative agency or other governmental body. In each case, the Receiving Party shall have the burden of proof as to each of the exceptions set forth above.
Limitations of Confidentiality. Notwithstanding anything in this Agreement to the contrary, the Employee shall have no liability or obligation with regard to any Confidential Information which: (i) was publicly known and generally available in the public domain at the time it was disclosed to a third party or becomes publicly known and generally available in the public domain through no fault of the Employee; (ii) is disclosed to a third party with the prior written approval of the Company; (iii) becomes known to the Employee through a source other than the Company without breach of this Agreement by the Employee and is otherwise not in violation of the rights of the Company and such other source is not disclosing the Confidential Information in breach of any similar obligations to the Company; (iv) is disclosed to a third party by the Company without restrictions similar to those contained in this Agreement; or (v) is disclosed to a third party pursuant to the order or requirement of a court, administrative agency or other governmental body provided that (A) the Employee will, prior to the disclosure, provide the Company with prompt written notice of such order or requirement, if legally permissible, and will use its best efforts to assist the Company in seeking a protective order or another appropriate remedy, (B) if the Company waives the Employee’s compliance with this Agreement or fails to obtain a protective order or other appropriate remedy, the Employee will furnish only that portion of the Confidential Information that is legally required to be disclosed and (C) any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than in respect of such legally compelled disclosure.
Limitations of Confidentiality. No information disclosed by any disclosing Celtic-Plus Party shall be deemed to be (or to remain) subject to the obligations set forth in Art. VIII 1 for the purposes of this CFA to the extent that any receiving Celtic-Plus Party can show that the information concerned: • was publicly available at the time of disclosure or has become publicly available by no wrongful act or omission on the part of the receiving Celtic- Plus Party or any of its Affiliates; • was in the possession of the receiving Celtic-Plus Party or one of its Affiliates without confidentiality obligation at the time of disclosure; • was lawfully obtained by the receiving Celtic-Plus Party or any of its Affiliates from a third party without an obligation of confidentiality; or • was developed by the receiving Celtic-Plus Party or any of its Affiliates independently from the other Parties' confidential Information. • is disclosed pursuant to judicial order, a lawful requirement of governmental agency; or by operation of law, but then only to the extent so ordered; in such case receiving Celtic-Plus Party will use its best efforts to timely advise the Disclosing Celtic-Plus Party prior to disclosure.
Limitations of Confidentiality. Customer’s obligations with respect to items of Confidential Information shall terminate when Customer can demonstrate that: (a) such Confidential Information has become generally available to the public or within the relevant industry through no fault on the part of Customer; (b) the Illumino® has made such Confidential Information available to other parties without any obligation of confidentiality; (c) Customer rightfully had such Confidential Information in its possession, free of any obligation of confidentiality to the Illumino® , prior to disclosure by the Illumino® ; (d) such Confidential Information was independently developed by the Customer independently of and without reference to any Confidential Information; or (e) the Customer rightfully obtained such Confidential Information from a third party with the right to transfer or disclose it without any obligation of confidentiality. Following Customer’s termination of employment with the Illumino® for any reason, Customer shall not take or remove any Confidential Information in any form, whether as an original, a facsimile, a copy, or an extract or summary of any kind, and will return any and all Illumino® property and materials containing or constituting Confidential Information.
Limitations of Confidentiality. The Receiving Party's obligations under clause 2 shall not apply with respect to Confidential Information that the Receiving Party can demonstrate:
Limitations of Confidentiality. 4.1 The provisions of this Agreement shall not apply to:
Limitations of Confidentiality. 5.1 The terms in this agreement will not apply to information which:
Limitations of Confidentiality. Information disclosed pursuant to this Agreement which would otherwise be Confidential Information shall not be deemed Confidential Information (or shall no longer be deemed to be Confidential Information as the case may be) to the extent that it can be proven that said information: − Is or has become part of the public domain without violation of this Agreement; − Is known and on record at the Receiving Party prior to disclosure by the Disclosing Party; − Is lawfully obtained from a third party who is not bound by similar confidentiality obligations; or − Is disclosed pursuant to administrative or judicial action, provided that each Party shall use its best efforts to maintain the confidentiality of the Confidential Information e.g. by asserting in such action any applicable privileges, and shall, immediately after gaining knowledge or receiving notice of such action, notify the Disclosing Party thereof and give the Disclosing Party the opportunity to seek legal remedies so as to maintain such Confidential Information in confidence. If only a portion of the Confidential Information falls under any of the above exclusions, then only that portion of the Confidential Information shall be excluded from the use and disclosure restrictions of this Agreement.
