Common use of Information in the Public Domain Clause in Contracts

Information in the Public Domain. 5.1. Notwithstanding the foregoing, the Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was in the public domain at the date of this Agreement or which comes into the public domain without any fault or in any way through any act or omission on the part of the Recipient. 5.2. Notwithstanding the foregoing, the Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was known to the Recipient at the time of the disclosure provided there is adequate written documentation to confirm such prior knowledge and that it was not directly or indirectly acquired from the Discloser. 5.3. Notwithstanding the foregoing, the Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was received by the Recipient from any third party, provided such information was not improperly or unlawfully obtained, directly or indirectly, from a party under an obligation of confidentiality to the Discloser.

Information in the Public Domain. 5.1. Notwithstanding the foregoing, the a Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was in the public domain at the date of this Agreement or which comes into the public domain without any fault or in any way through any act or omission on the part of the Recipient. 5.2. Notwithstanding the foregoing, the a Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was known to the Recipient at the time of the disclosure provided there is adequate written documentation to confirm such prior knowledge and that it was not directly or indirectly acquired from the Discloser. 5.3. Notwithstanding the foregoing, the a Recipient has no liability to the Discloser in respect of any Confidential Information which the Recipient can prove was received by the Recipient from any third party, provided such information was not improperly or unlawfully obtained, directly or indirectly, from a party under an obligation of confidentiality to the Discloser.