Common use of Exceptions to Duty Clause in Contracts

Exceptions to Duty. This Agreement does not restrict disclosure or use of information otherwise qualifying as Proprietary Information if the receiving party can show that any one of the following conditions exists. a. The receiving party knew the information and held it without restriction as to further disclosure when the originating party disclosed the information under this Agreement. b. The receiving party developed the information independently. c. Another source lawfully disclosed the information to the receiving party and did not restrict the receiving party in its further use or disclosure. d. The information was already in the public domain when the originating party disclosed it to the receiving party; entered the public domain after the originating party disclosed it under this Agreement, but through no fault of the receiving party; or became generally known through no fault of the receiving party. e. The information was ascertained by proper means other than disclosure under this Agreement. f. The protection period has expired.

Exceptions to Duty. This Agreement does not restrict disclosure or use of information otherwise qualifying as Proprietary Information if the receiving party can show that any one of the following conditions exists. a. The receiving party knew the information and held it without restriction as to further disclosure when the originating party disclosed the information under this Agreement. b. The receiving party developed the information independently. c. Another source lawfully disclosed the information to the receiving party and did not restrict the receiving party in its further use or disclosure. d. The information was already in the public domain when the originating party disclosed it to the receiving party; entered the public domain after the originating party disclosed it under this Agreement, but through no fault of the receiving party; or became generally known known, but through no fault of the receiving party. e. . e The information was ascertained by proper means other than disclosure under this Agreement. f. The protection period has expired.

Exceptions to Duty. This Agreement does not restrict disclosure or use of information otherwise qualifying as Proprietary Information if the receiving party Party can show that any one of the following conditions exists. a. The receiving party Party knew the information and held it without restriction as to further disclosure when the originating party Party disclosed the information under this Agreement. b. The receiving party developed the information independently. c. Another source lawfully disclosed the information to the receiving party Party and did not restrict the receiving party Party in its further use or disclosure. d. The information was already in the public domain when the originating party Party disclosed it to the receiving partyParty; entered the public domain after the originating party Party disclosed it under this Agreement, but through no fault of the receiving partyParty; or became generally known known, but through no fault of the receiving partyParty. e. The information was ascertained by proper means other than disclosure under this Agreement. f. The protection period has expired.

Exceptions to Duty. This Agreement does not restrict disclosure or use of information otherwise qualifying as Proprietary Information if the receiving party can show that any one of the following conditions exists. a. The receiving party knew the information and held it without restriction as to further disclosure when the originating party disclosed the information under this Agreement. b. The receiving party developed the information independently. c. Another source lawfully disclosed the information to the receiving party and did not restrict the receiving party in its further use or disclosure. d. The information was already in the public domain when the originating party disclosed it to the receiving party; entered the public domain after the originating party disclosed it under this Agreement, but through no fault of the receiving party; or became generally known known, but through no fault of the receiving party. e. The information was ascertained by proper means other than disclosure under this Agreement. f. The protection period has expired.