Common use of Information Excluded Clause in Contracts

Information Excluded. The receiving party's obligations shall not apply to any particular Confidential Information to the extent that the receiving party clearly and convincingly demonstrates that the particular Confidential Information: (i) was in its possession prior to disclosure to it or its development through work performed under this Agreement; (ii) was generally and publicly known and accessible at the time of disclosure or thereafter through no fault of the receiving party; or (iii) was rightfully furnished to the receiving party on a non-confidential basis by a third party who was not directly or indirectly breaching any obligations or duties to ABC, the PIBCs, Viragen, VUSA or their Affiliates. The exceptions provided under this Section 8.3 shall not apply to any information that is considered to be Confidential Information by a party because of its selection, organization, aggregation, format, manner of presentation, or existence in electronic media.