Exceptions to Duty. The obligations of Articles 3 and 4 shall not apply to Confidential Information that: (a) As evidenced by a Receiving Party’s written records, was lawfully known to the Receiving Party prior to its communication by the Disclosing Party and was not communicated to the Receiving Party subject to any restrictions on disclosure or use; (b) As evidenced by a Receiving Party’s written records, is independently developed by the Receiving Party without use or knowledge of or access to the Confidential Information; (c) As evidenced by a Receiving Party, is or becomes publicly known other than by a breach of this Agreement by the Receiving Party; or (d) As evidenced by a Receiving Party, becomes known to the Receiving Party by the lawful action of a third party not in breach of a duty of confidence and the third party did not restrict the Receiving Party in its further use or disclosure. Confidential Information specific to particular products or circumstances shall not qualify for the foregoing exceptions merely if embraced by general disclosures regarding other products or circumstances. A combination of features shall not qualify for the foregoing exceptions merely if individual features of such combination qualify for an exception.
Appears in 3 contracts
Sources: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement