Common use of Excluded Information Clause in Contracts

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII by the receiving Party or its Affiliates; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligations; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII by the receiving Party or its Affiliates; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use nonuse obligations; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein -------------------- to the contrary, the requirements of this Article XIII XXII shall not apply to any information of either Party party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XXII by the receiving Party party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party party or its Affiliates and which the receiving Party party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsparty; (d) is independently developed by employees or agents of the receiving Party party without the use of the Confidential Information of the disclosing Partyparty; or (e) becomes available to the receiving Party party from a Third Party third party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII XI shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XI by the receiving Party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII XII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XII by the receiving Party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII XII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XII by the receiving Party or its Affiliates; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII XII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XII by the receiving Party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided provided, to the knowledge of the receiving Party, such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII by the receiving Party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII XII shall not apply to any information of either Party which: (a) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder becomes generally available to the public, except through breach of this Article XIII XII by the receiving Party or its AffiliatesRepresentatives; (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party can establish was lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligationsParty; (d) is independently developed by employees or agents of the receiving Party or its Affiliates without the use of or reference to the Confidential Information of the disclosing PartyParty as established by appropriate documentation; or (e) becomes available to the receiving Party from a Third Party that is not legally prohibited from disclosing such Confidential Information, provided such information was not acquired by such Third Party directly or indirectly from the disclosing Party or its Affiliates.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII Confidential Information shall not apply to any include information of either Party which: that: (ai) at the time of disclosure hereunder is generally available to the public; (b) after disclosure hereunder or becomes generally available to and known by the publicpublic other than as a result of, except through directly or indirectly, any breach of this Article XIII Section 4 by the receiving Receiving Party or any of its Affiliates; , employees, officers, directors, partners, shareholders, agents, attorneys, third-party advisors, successors, and permitted assigns (c) was not acquired directly or indirectly from the disclosing Party or its Affiliates and which the receiving Party lawfully had in its possession prior to disclosure by the disclosing Party without confidentiality, nondisclosure and non-use obligations; collectively "Representatives"); (dii) is independently developed by employees or agents of the receiving Party without the use of the Confidential Information of the disclosing Party; or (e) becomes available to the receiving Receiving Party on a non-confidential basis from a Third Party third-party source, provided that such third party is not legally and was not prohibited from disclosing such Confidential Information, provided such information ; (iii) was not acquired known by such Third Party directly or indirectly from in the disclosing possession of the Receiving Party or its AffiliatesRepresentatives before being disclosed by or on behalf of the Disclosing Party; or (iv) was or is independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party's Confidential Information.