Common use of Exceptions Clause in Contracts

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 149 contracts

Sources: Interconnection Agreement, MFN Agreement, Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 9.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 148 contracts

Sources: Clec Agreement, Clec Agreement, Clec Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 7.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 74 contracts

Sources: Interconnection Agreement, MFN Agreement, Interconnection Agreement

Exceptions. 7.3.1 Recipient will not have an obligation to protect any portion of the Information which: 7.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 69 contracts

Sources: Resale Agreement, Interconnection Adoption Agreement, Interconnection Adoption Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 10.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 39 contracts

Sources: Resale Agreement, Resale Agreement, Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 8.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 31 contracts

Sources: MFN Agreement, MFN Agreement, MFN Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 8.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 10 contracts

Sources: Telecommunications, Market Based Rates Agreement, Clec Agreement

Exceptions. 7.3.1 Recipient will not have an obligation to protect any portion of the Information which: 7.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty to this AgreementAthgisreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 8 contracts

Sources: MFN Agreement, Resale Agreement, Resale Agreement

Exceptions. Recipient will not have an obligation to protect toprotect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any fromany source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 8 contracts

Sources: Paging Agreement, Paging Agreement, Paging Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient; or (e) is released in accordance with Section 222 of the Act and the FCC's rules; or (f) is otherwise released as required by applicable law.

Appears in 6 contracts

Sources: Interconnection Agreement, MFN Agreement, MFN Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 12.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 5 contracts

Sources: MFN Agreement, Interconnection Agreement, MFN Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: : (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 4 contracts

Sources: Interconnection Agreement, Telecommunications, Interconnection Agreement

Exceptions. 7.3.1 Recipient will not have an obligation to protect toprotect any portion of the Information which: 7.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty to this AgreementthisAgreement; (b) is lawfully obtained by Recipient from any fromany source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 4 contracts

Sources: Interconnection Adoption Agreement, Resale Agreement, Resale Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.;

Appears in 3 contracts

Sources: Resale Agreement, Resale Agreement, Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 8.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.;

Appears in 3 contracts

Sources: MFN Agreement, MFN Agreement, MFN Agreement

Exceptions. 8.3.1 Recipient will not have an obligation to protect any portion of the Information which: 8.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 3 contracts

Sources: MBR Services Agreement, CMDS Hosting Agreement, Hosting Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.. Version: 4Q04; 9/1/04

Appears in 2 contracts

Sources: Clec Agreement, Interconnection Agreement

Exceptions. 8.3.1 Recipient will not have an obligation to protect any portion of the Information which: 8.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it Version: 3Q06 MBR 07/18/06 confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 2 contracts

Sources: Clec Agreement, Clec Agreement

Exceptions. 8.3.1 Recipient will not have an obligation to protect any portion of the Information which: 8.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.. GENERAL TERMS AND CONDITIONAST/&T-9STATE

Appears in 2 contracts

Sources: Clec Agreement, Clec Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 17.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; (d) is released into public record pursuant to order from a court or other administrative agency, or (de) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Cross Connect Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient Version: 4Q04; 9/1/04 from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient Version: 4Q04; 9/1/04 Page 27 of 33 from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Wholesale Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 10.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than DiscloserDiscloser and without direct knowledge that such a party learned of or obtained such information in breach of an agreement; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Resale Agreement

Exceptions. 4.3.1 Recipient will not have an obligation to protect any portion of the Information which: 4.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 17.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Cross Connect Agreement

Exceptions. Recipient will not have an obligation to protect toprotect any portion of the Information which: 13.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: General Terms and Conditions

Exceptions. 8.3.1 Recipient will not have an obligation to protect toprotect any portion of the Information which: 8.3.2 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any fromany source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: MBR Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 13.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty non-Party to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Ds0 Services Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 11.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.

Appears in 1 contract

Sources: Interconnection Agreement

Exceptions. Recipient will not have an obligation to protect any portion of the Information which: 9.3.1 (a) is made publicly available by the Discloser or lawfully by a nonparty to this Agreement; (b) is lawfully obtained by Recipient from any source other than Discloser; (c) is previously known to Recipient without an obligation to keep it confidential; or (d) is released from the terms of this Agreement by Discloser upon written notice to Recipient.;

Appears in 1 contract

Sources: Interconnection Agreement