Common use of Exclusions from Confidential Information Clause in Contracts

Exclusions from Confidential Information. Except as required by applicable federal, state or local law or regulation, the term “Confidential Information” as used in this Agreement shall not include information that: (a) is or becomes generally available to and known by the public other than as a result of any violation of this Agreement by the Recipient or any of its Representatives; (b) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information to the Recipient by a legal, fiduciary or contractual obligation to the Disclosing Party; (c) was known by or in the possession of the Recipient or its Representatives prior to being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; or (d) was or is independently developed by the Recipient without use of any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state or local law or regulation, the term “Confidential Information” as used in this Agreement shall not include information that: : (a) is at the time of disclosure is, or becomes thereafter becomes, generally available to and known by the public other than as a result of any violation breach of this Agreement by the Recipient or any of its Representatives; ; (b) is or becomes made available to the Recipient on a non-confidential basis from a third-third- party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information information to the Recipient by a any legal, fiduciary or contractual obligation to the Disclosing Party; obligation; (c) was known by or in the possession of the Recipient or its Representatives Recipient, as established by documentary evidence, prior to being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; or or (d) was or is independently developed by the Recipient without reference to or use of of, in whole or in part, any of the Disclosing Party's Confidential Information.