Common use of Additional Terms for Academic Use and Fundamental Research Use Clause in Contracts

Additional Terms for Academic Use and Fundamental Research Use. This obligation of confidentiality shall not apply to any information that: (i) is already in the possession of DS without any obligation of confidentiality at the time the information was received from Customer; (ii) is independently developed by DS without reference to the Customer Data; (iii) is or becomes publicly available without breach of this Agreement; (iv) is rightfully received by DS from a third party without an obligation of confidentiality; (v) is released for disclosure by Customer with its written consent; or (vi) is required to be disclosed in accordance with a judicial or administrative decision but solely with respect to such judicial or administrative entity, provided that DS provides prompt information to Customer and reasonably cooperates with the Customer to limit the disclosure and use of the applicable information according to the decision.