Common use of Limited Release Clause in Contracts

Limited Release. The receiving party shall be released from the obligations of Section 9.1 to the extent that any of the disclosed information: (a) was already part of the public domain at the time of the disclosure by the disclosing party; (b) becomes part of the public domain through no fault of the receiving party (but only after and only to the extent that it is published or otherwise becomes part of the public domain); (c) was in the receiving party's possession prior to the disclosure by the disclosing party and was not acquired, directly, or indirectly, from the disclosing part or from a third party who was under a continuing obligation of confidence to the disclosing party; (d) is received (after the disclosure by the disclosing party) by the receiving party from a third party who did not require the receiving party to hold it in confidence and did not acquire it directly or indirectly, from the disclosing party under a continuing obligation of confidence; or (e) is disclosed by the receiving party pursuant to judicial compulsion, provided that the disclosing party is notified at the time such judicial action is initiated. In addition, notwithstanding Section 9.1, WGL may provide proprietary information of the Company to its subcontractors and vendors without Company's prior approval provided that WGL first requires any such subcontractor or vendor to sign a confidentiality agreement which requires them to keep confidential such Company information and not to use it except for the purpose of performing their obligations to WGL.

Limited Release. The receiving party shall be released from the obligations of Section 9.1 10.1 to the extent that any of the disclosed information: (a) was already part of the public domain at the time of the disclosure by the disclosing party; (b) becomes part of the public domain through no fault of the receiving party (but only after and only to the extent that it is published or otherwise becomes part of the public domain); (c) was in the receiving party's possession prior to the disclosure by the disclosing party and was not acquired, directly, or indirectly, from the disclosing part party or from a third party who was under a continuing obligation of confidence to the disclosing party; (d) is received (after the disclosure by the disclosing party) by the receiving party from a third party who did not require the receiving party to hold it in confidence and did not acquire it directly or indirectly, from the disclosing party under a continuing obligation of confidence; or (e) is disclosed by the receiving party pursuant to judicial compulsion, provided that the disclosing party is notified at the time such judicial action is initiated. In addition, notwithstanding Section 9.1, WGL Seller may provide proprietary information of the Company Buyer to its subcontractors and vendors without CompanyBuyer's prior approval provided that WGL first requires any such subcontractor or vendor to sign a confidentiality agreement which requires them to keep confidential such Company Buyer information and not to use it except for the purpose of performing their obligations to WGLSeller.