Common use of Limitation on Obligation Clause in Contracts

Limitation on Obligation. Notwithstanding the Recipient's confidentiality obligations specified in Subsection (b) above, the Recipient shall have no further obligations, with respect to any Information to the extent that such Information; (i) is generally known to the public at the time of disclosure or becomes generally known through no wrongful act or neglect of the Recipient; (ii) is in the Recipient's lawful possession at the time of disclosure as evidenced by Recipient's written records prepared prior to such disclosure; (iii)becomes known to the Recipient through disclosure by sources other than the Disclosing Party having the legal right to disclose such Information; (iv) is independently developed by the Recipient without reference to or reliance upon the Information, or; (v) is required to be disclosed by the Recipient to comply with applicable laws or governmental regulations, provided that the Recipient provides Disclosing Party with prior written notice of such disclosure and an opportunity to defend against such disclosure, and takes reasonable and lawful actions to avoid and/or minimize the extent of such disclosure.

Limitation on Obligation. Notwithstanding the Recipient's confidentiality obligations specified in Subsection (b) above, the Recipient shall have no further obligations, with respect to any Information to the extent that such Information;: (i) is generally known to the public at the time of disclosure or becomes generally known through no wrongful act or neglect of the Recipient; (ii) is in the Recipient's lawful possession at the time of disclosure as evidenced by Recipient's written records prepared prior to such disclosure; (iii)becomes iii) becomes known to the Recipient through disclosure by sources other than the Disclosing Party having the legal right to disclose such Information; (iv) is independently developed by the Recipient without reference to or reliance upon the Information, or; (v) is required to be disclosed by the Recipient to comply with applicable laws or governmental regulations, provided that the Recipient provides Disclosing Party with prior written notice of such disclosure and an opportunity to defend against such disclosure, and takes reasonable and lawful actions to avoid and/or minimize the extent of such disclosure.