Common use of Limitations on Obligations Clause in Contracts

Limitations on Obligations. This Agreement shall not restrict disclosure or use of Confidential Information that: 11.3.1 was, at the time of receipt, otherwise known to the recipient without restrictions as to use or disclosure; 11.3.2 was in the public domain at the time of disclosure or thereafter enters into the public domain through no breach of this Agreement by the recipient; 11.3.3 becomes known to the recipient from a source other than the disclosing party, which source has no duty of confidentiality with respect to the information; 11.3.4 is independently developed by the recipient without reliance on or access to any of the disclosing party’s Confidential Information; or 11.3.5 is required to be disclosed by a government agency or bureau, by a court of law or equity with competent jurisdiction over the recipient, provided that the recipient will first have provided the disclosing party with prompt written notice of such required disclosure and will take reasonable steps to allow the disclosing party to seek a protective order with respect to the Confidential Information required to be disclosed. The recipient will reasonably and promptly cooperate with and assist the disclosing party, at the disclosing party's expense, in connection with obtaining such protective order.