Common use of Exceptions to Confidentiality Clause in Contracts

Exceptions to Confidentiality. The obligations under this Section 9 shall not apply to any information to the extent the receiving Party can demonstrate by competent evidence that such information: (a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving Party or any Recipients to whom it disclosed such information; (b) was known to, or was otherwise in the possession of, the receiving Party prior to the time of disclosure by the disclosing Party; (c) is disclosed to the receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Party; or (d) is independently developed by or on behalf of the receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.

Exceptions to Confidentiality. The obligations under this Section 9 shall not apply to any information to the extent the receiving Party can demonstrate by competent evidence that such information: (a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving Party or any Recipients to whom it disclosed such information; (b) was known to, or was otherwise in the possession of, the receiving Party prior to the time of disclosure by the disclosing Party, other than under an obligation of confidentiality; (c) is disclosed to the receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Party; or (d) is independently developed by or on behalf of the receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.

Exceptions to Confidentiality. The obligations under this Section 9 shall Article VIII will not apply to any information to the extent the receiving recipient Party can demonstrate by competent evidence that such information: (a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving recipient Party or any Recipients to whom it disclosed such informationits Affiliates; (b) was known to, or was otherwise in the possession of, the receiving recipient Party or its Affiliates prior to the time of disclosure by the disclosing PartyParty or any of its Affiliates; (c) is disclosed to the receiving recipient Party or an Affiliate on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing PartyParty or any of its Affiliates; or (d) is independently developed by or on behalf of the receiving recipient Party or any of its Affiliates, as evidenced by its written records, without use or access reference to the Confidential InformationInformation disclosed by the disclosing Party or its Affiliates under this Agreement.

Exceptions to Confidentiality. The obligations under this Section 9 shall Article 13 (Confidentiality) will not apply to any information to the extent the receiving Receiving Party can demonstrate by competent evidence that such information: (a) 13.3.1. is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving Receiving Party or any Recipients Representatives to whom it disclosed such information; (b) 13.3.2. was known to, or was otherwise in the possession of, the receiving Receiving Party prior to the time of disclosure by the disclosing Disclosing Party; (c) 13.3.3. is disclosed to the receiving Receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Disclosing Party; or (d) 13.3.4. is independently developed by or on behalf of the receiving Receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.

Exceptions to Confidentiality. The obligations under this Section 9 shall Article 6 (Confidentiality) will not apply to any information to the extent the receiving Receiving Party can demonstrate by competent evidence that such information[***]: (a) 1.3.1 is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Supply Agreement by the receiving Receiving Party or any Recipients Representatives to whom it disclosed such information; (b) 1.3.2 was known to, or was otherwise in the possession of, the receiving Receiving Party prior to the time of disclosure by the disclosing Disclosing Party; (c) 1.3.3 is disclosed to the receiving Receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Disclosing Party; or (d) 1.3.4 is independently developed by or on behalf of the receiving Receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.

Exceptions to Confidentiality. The obligations under this Section 9 shall 6 (Confidentiality) will not apply to any information to the extent the receiving Party can demonstrate by competent evidence that such information: (a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving Party or any Recipients to whom it disclosed such information;breach (b) was known to, or was otherwise in the possession of, the receiving Party prior to the time of disclosure by the disclosing Party; (c) is disclosed to the receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Party; or (d) is independently developed by or on behalf of the receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.

Exceptions to Confidentiality. The obligations under this Section 9 shall ‎8 (Confidentiality) will not apply to any information to the extent the receiving Party can demonstrate by competent evidence that such information: (a) is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the receiving Party or any Recipients to whom it disclosed such information; (b) was known to, or was otherwise in the possession of, the receiving Party prior to the time of disclosure by the disclosing Party; (c) is disclosed to the receiving Party on a non-confidential basis by a Third Party who is entitled to disclose it without breaching any confidentiality obligation to the disclosing Party; or (d) is independently developed by or on behalf of the receiving Party or any of its Affiliates, as evidenced by its written records, without use or access to the Confidential Information.