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