Common use of Limitations on Confidentiality Clause in Contracts

Limitations on Confidentiality. It is understood that the term “Confidential Information” does not include information which: (i) is publicly known at the time of its disclosure; (ii) after disclosure to Recipient, has become publicly known other than through breach of this Agreement; (iii) Recipient can show was known to it, other than under a subsisting obligation of confidentiality or restricted use, prior to the disclosure by TWIA; (iv) Recipient can show was made available to it by a third party who had a right to do so and has not imposed on Recipient any subsisting obligation of confidentiality or restricted use in respect thereof; or (v) is required to be disclosed by Recipient by order of the Court. If permitted by law, Recipient will notify TWIA of such order so that TWIA may, at its discretion and expense, attempt to limit or eliminate such disclosure.

Limitations on Confidentiality. It is understood that the term “Confidential Information” does not include information which: (i) is publicly known at the time of its disclosure; (ii) after disclosure to Recipient, has become publicly known other than through breach of this Agreement; (iii) Recipient can show was known to it, other than under a subsisting obligation of confidentiality or restricted use, prior to the disclosure by TWIA; (iv) Recipient can show was made available to it by a third party who had a right to do so and has not imposed on Recipient any subsisting obligation of confidentiality or restricted use in respect thereof; or (v) is required to be disclosed by Recipient by order of the Court. If permitted by law, Recipient will notify TWIA of such order so that TWIA may, at its discretion and expense, attempt to limit or eliminate such disclosure; (v) Recipient can show was made available to it by a third party who had a right to do so and has not imposed on Recipient any subsisting obligation of confidentiality or restricted use in respect thereof.