Common use of Exceptions Clause in Contracts

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become is generally available to the public without breach of this the Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.,

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become is generally available to the public without breach of this the Agreement by the receiving party; , (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become is generally available to the public without breach of this the Agreement by the receiving party; (; c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; or (or d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.;

Exceptions. 9.3.1. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without use or reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become generally known or available to the public without through no breach of this Agreement by the receiving party; (; c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information; or (dor e) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. 9.3.1. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without use or reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become generally known or available to the public without breach of this Agreement through no act or omission by the receiving party; (; c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information; or (dor e) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.;

Exceptions. The Section 9.1 above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, (b) is generally available to the public without a contractual breach by the receiving party or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (ai) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (bii) has become generally known or available to the public without breach of this Agreement through no act or omission by the receiving party; , (ciii) at the time of disclosure, was known to the receiving party free of restriction; confidentiality restrictions, or (div) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information, or (v) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without use or reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ; (b) has become generally known or available to the public without breach of this Agreement through no act or omission by the receiving party; ; (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions; (d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information; or (e) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions in Sec. 9.1 on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.;

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become generally known or available to the public without breach of this Agreement through no act or omission by the receiving party; (; c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information; or (dor e) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The Section 9.1 above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without a Contractual breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; (d) the release is required under applicable law or Court order; or (de) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ; (b) has become is generally available to the public without breach of this Agreement by the receiving party; ; (c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions; or or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (ai) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or (ii) is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this the Agreement by the receiving party; , (ciii) at the time of disclosure, was known to the receiving party free of restriction; confidentiality restrictions, or (div) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement GTC by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.Inf ormation;

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become is generally available to the public without breach of this the Agreement by the receiving party; (; c) at the time of disclosure, was known to the receiving party free of restrictionconfidentiality restrictions ; or (or d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.restrictions./

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement these GTC by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ’s (b) has become is generally available to the public without breach of this the Agreement by the receiving party; , (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (a) : i. is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or ii. is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this the Agreement by the receiving party; (c) , iii. at the time of disclosure, was known to the receiving party free of restriction; confidentiality restrictions, or (d) iv. the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential InformationInf ormation; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (a) : i. is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or ii. is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this the Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.,

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.become

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become is generally available to the public without breach of this the Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.,

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become generally known or available to the public without breach of this Agreement through no act or omission by the receiving party; , (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, (d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnishsuch Confidential Information, or (e) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential InformationInformation ; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall (other than Customer Data) will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become is generally available to the public without breach of this the Agreement by the receiving party; receivingparty, (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information (except for PII or PHI, which remain subject to confidentiality obligations at all times) that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become is generally available to the public without breach of this the Agreement by the receiving party; , (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.the

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (( b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.of

Exceptions. The above Notwithstanding anything in this Agreement to the contrary, restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information thatInformation: (ai) is which can be proven to be or have been independently developed by the receiving party without reference to the disclosing party’s Confidential Information, Party or is lawfully received free of restriction from a third party another source having the right to so furnish such Confidential Information; or (bii) after it has become generally available known to the public without breach of this Agreement by from a source having the receiving partyright to disclose such Confidential Information; or (ciii) which at the time of disclosure, disclosure to the receiving Party was known to the receiving party such Party free of restrictionrestriction as clearly evidenced by documentation in such Party's possession; or (div) which the disclosing party Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (a) : a. is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or , b. is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this the Agreement by the receiving party; (c) , c. at the time of disclosure, was known to the receiving party free of restriction; or (d) confidentiality restrictions, or d. the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (a) : a. is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or , b. is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this the Agreement by the receiving party; (c) , c. at the time of disclosure, was known to the receiving party free of restriction; or (d) confidentiality restrictions, or ▇. the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.. 10.2

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.or

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: : (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ; (b) has become generally available to the public without breach of this Agreement by the receiving party; Receiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: (: a) is independently developed by the receiving party without reference to the disclosing party’s 's Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (b) has become is generally available to the public without breach of this the Agreement by the receiving party; (receivingparty, c) at the time of disclosure, was known to the receiving party free of restriction; confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: : (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; ; (b) has become generally available to the public without breach of this Agreement by the receiving party; Receiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential InformationInformation ; (b) has become generally available to the public without breach of this Agreement by the receiving partyReceiving Party; (c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential InformationInf ormation; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions.

Exceptions. The above restrictions restriction on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become is generally available to the public without breach of this the Agreement and/or Order Form by the receiving party; (c) , at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (dc) the disclosing party agrees in writing is free of such confidentiality restrictions.

Exceptions. 10.2.1. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (: a) is independently developed by the receiving party Receiving Party without reference to the disclosing partyDisclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (; b) has become generally available to the public without breach of this Agreement by the receiving party; (Receiving Party; c) at the time of disclosure, was known to the receiving party Receiving Party free of restriction; or (d) the disclosing party Disclosing Party agrees in writing is free of such restrictions.

Exceptions. The above restrictions on the use or disclosure of the Confidential Information shall will not apply to any Confidential Information that: : (a) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; , (b) has become is generally available to the public without breach of this the Agreement by the receiving party; , (c) at the time of disclosure, was known to the receiving party free of restriction; or confidentiality restrictions, or (d) the disclosing party agrees in writing is free of such restrictionsconfidentialityrestrictions.