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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter 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, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "Confidential Information" as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, 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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 fiduciary, or contractual obligation to the Disclosing Party; (c) was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, prior to before being disclosed by or on behalf of the Disclosing Party pursuant to under this Agreement; or (d) was or is independently developed by the Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, 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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, of any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- non-confidential basis from a third-party sourceThird Party, as established by contemporaneous documentary evidence, provided that such third party 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, as established by contemporaneous documentary evidence, prior to before being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; (d) is approved for release by prior written authorization of the Disclosing Party; or (de) was or is independently developed by the Recipient, as established by contemporaneous documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's ’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: (ai) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient Lessor or any of its Representativesrepresentatives; (bii) at the time of disclosure is, or thereafter becomes, available to the Recipient Lessor on a non- 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 Lessee by a legal, fiduciary fiduciary, or contractual obligation to the Disclosing PartyLessee; (ciii) was known by or in the possession of the Recipient Lessor or its Representatives, as established by documentary evidence, prior to before being disclosed by or on behalf of the Disclosing Party pursuant to Lessee under this Agreement; or (div) was or is independently developed by the RecipientLessor, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Lessee’s Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "Confidential Information" as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient Receiving Party or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient Receiving Party on a non- 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 Receiving Party by a any legal, fiduciary or contractual obligation to the Disclosing Partyobligation; (c) was known by or in the possession of the Recipient or its RepresentativesReceiving Party, as established by documentary evidence, 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 RecipientReceiving Party, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" ” as used in this Agreement shall not include information that: (a) at At the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at At the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 PartyIPC; (c) was Was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, prior to being disclosed by or on behalf of the Disclosing Party IPC pursuant to this Agreement; or (d) was Was or is independently developed by the Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing PartyIPC's Confidential Information.

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

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" ” as used in this Agreement shall not include information that: (a) : at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient or any of its Representatives; (b) ; at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 any contractual obligation to the Disclosing Party; (c) obligation; was known by or in the possession of the Recipient or its RepresentativesRecipient, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.; or

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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public public, other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- non-confidential basis from a third-party source, provided that such third party is not and was not known by Recipient to be prohibited from disclosing such Confidential Information to the Recipient by a legal, fiduciary fiduciary, or contractual obligation of confidentiality to the Disclosing Party; (c) was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, prior to Representatives before being disclosed by or on behalf of the Disclosing Party pursuant to under this Agreement; or (d) was or is independently developed by the Recipient, as established by documentary evidence, Recipient without reference to or use of, in whole or in part, any of the Disclosing Party's ’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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives;Representatives;‌ (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 fiduciary, or contractual obligation to the Disclosing Party; (c) was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, prior to before being disclosed by or on behalf of the Disclosing Party pursuant to under this Agreement; or (d) was or is independently developed by the Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, 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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient a Party or any of its Representatives;, (b) at the time of disclosure is, or thereafter becomes, available to the Recipient a Party 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 Party by a any legal, fiduciary fiduciary, or contractual obligation with respect to the Disclosing Party;such information, (c) was known by or in the possession of the Recipient or its RepresentativesParty, as established by documentary evidence, 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 RecipientParty, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "Confidential Information" as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 any legal, fiduciary or contractual obligation to the Disclosing Partyobligation; (c) was known by or in the possession of the Recipient or its RepresentativesRecipient, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" as used in this Agreement ” shall not include information that: : (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient Receiving Party or any of its Representatives; ; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient Receiving Party on a non- 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 Receiving Party by a legal, fiduciary or contractual obligation to the Disclosing Party; ; (c) was known by or in the possession of the Recipient Receiving Party or its RepresentativesAffiliates, 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 RecipientReceiving Party, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's ’s Confidential Information.

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

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" ” as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 any legal, fiduciary fiduciary, or contractual obligation to the Disclosing Partyobligation; (c) was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's ’s Confidential Information.

Exclusions from Confidential Information. (a) 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: (ai) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, of any violation material breach of this Agreement by the Recipient or any of its Representatives; (bii) at the time of disclosure is, or thereafter becomes, available to the Recipient or its Representatives on a non- non-confidential basis from a third-party source, provided that that, to the Recipient's knowledge, such third party is not and was not prohibited from disclosing such Confidential Information to the Recipient by a legal, fiduciary or any contractual obligation to the Disclosing Partyobligation; (ciii) was known by or in the possession of the Recipient or its Representatives, as established by documentary evidence, Representatives prior to being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; or (div) was or is independently developed by the Recipient, as established by documentary evidence, Recipient or its Representatives without reference to or use of, in whole or in part, of any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" ” as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the a Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the a Recipient on a non- 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 a Recipient by a legal, fiduciary or contractual obligation to the Disclosing Party; (c) was known by or in the possession of the a Recipient or its Representatives, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "Confidential Information" as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement act or omission by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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 any contractual obligation to the Disclosing Partyobligation; (c) was known by or in the possession of the Recipient or its RepresentativesRecipient, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information.

Exclusions from Confidential Information. Except as required by applicable federal, state, state or local law or regulation, the term "“Confidential Information" ” as used in this Agreement shall not include information that: (a) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- 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, as established by documentary evidence, 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, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's ’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) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Agreement by the Recipient or any of its Representatives; (b) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non- non-confidential basis from a third-party sourceThird Party, provided that such third party 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, as established by documentary evidence, prior to before being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; (d) is approved for release by prior written authorization of the Disclosing Party; or (de) was or is independently developed by the Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Disclosing Party's ’s Confidential Information.