Excluded Information. “Confidential Information” shall not include information which is or becomes publicly available without breach of # this Agreement, # any other agreement or instrument to which the Company is a party or a beneficiary or # any duty owed to the Company by the Consultant or any third party; provided, however, that the Consultant hereby acknowledges and agrees that if the Consultant shall seek to disclose, divulge, reveal, report, publish, transfer or use any Confidential Information to any third party, the Consultant shall bear the burden of proving that any such information shall have become publicly available without any such breach. Disclosure of Confidential Information shall not be prohibited if such disclosure is directly pursuant to a valid and existing order of a court or other governmental body or agency; provided, however, that # the Consultant shall first have given prompt notice to the Company of any such possible or prospective order (or proceeding pursuant to which any such order may result) and # the Company shall have been afforded a reasonable opportunity to prevent or limit any such disclosure.

Excluded Information. Confidential Information does not include any information that: # was generally available to the public at the time it was disclosed to Consultant; # became generally available to the public subsequent to disclosure to Consultant, other than by Consultant’s breach of this Agreement; # was in Consultant’s possession, as evidenced by its written records, free of any obligation of confidence at the time it was disclosed to Consultant; # was rightfully communicated to Consultant free of any obligation of confidence subsequent to the time it was disclosed to Consultant; or # was developed by Consultant independently of and without reference to any information FivePrime communicated to Consultant.

Excluded Information. Confidential Information does not include any information that: # was generally available to the public at the time it was disclosed to Consultant; # became generally available to the public subsequent to disclosure to Consultant, other than by Consultant’s breach of this Agreement; # was in Consultant’s possession, as evidenced by its written records, free of any obligation of confidence at the time it was disclosed to Consultant; # was rightfully communicated to Consultant free of any obligation of confidence subsequent to the time it was disclosed to Consultant; or # was developed by Consultant independently of and without reference to any information FivePrime communicated to Consultant.

Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XII shall not apply to any information of either Party which:

The term “Excluded Claim” shall mean a dispute, controversy or claim between the Parties that concerns # ​, or # ​.

Notwithstanding anything to the contrary in this Article 2 or elsewhere in this Agreement, no licenses or rights are granted to Atea under any information, data, proprietary materials or other intellectual property rights whether or not patentable that are owned or controlled by ​.

Notwithstanding any other provision of this Agreement to the contrary, the Assets to be conveyed and assigned under this Agreement do not include the Excluded Assets, all of which are reserved by Seller.

provided, however, that “Excluded Property” shall not include any proceeds, products, substitutions or replacements of Excluded Property (unless such proceeds, products, substitutions or replacements would otherwise constitute Excluded Property).

Excluded Property. Notwithstanding anything to the contrary herein, the representations, warranties and covenants set forth herein in relation to the assets of the Grantors shall not apply to any Excluded Property.

Excluded Target. The JSC may not select any Excluded Target as a target or compound to undergo Primary Screen or as a Selected Target or Cardiomyopathy Target Candidate, and [[MyoKardia:Organization]] may not select an Excluded Target as a Cardiomyopathy Target. For clarity, # Fulcrum will not be required to provide any information regarding any Excluded Targets to [[MyoKardia:Organization]], conduct target validation activities on such Excluded Target or to include any information with respect to such Excluded Target in any Data Package and # [[MyoKardia:Organization]] will have no payment obligations to Fulcrum with respect to any Excluded Targets. For further clarity, # if such target qualifies as an Excluded Target solely pursuant to [Section 1.62(a)(ii)] (Excluded Target), Fulcrum may notify [[MyoKardia:Organization]] in writing of Fulcrum’s election, in its sole discretion, not to exclude such target from this Agreement, or # if such target qualifies as an Excluded Target solely pursuant to [Section 1.62(a)(i)] (Excluded Target) and the applicable license, option or other grant of rights is non-exclusive, Fulcrum shall provide written notice of the nature of such license, option or grant of rights (subject to obligations of confidentiality to any Third Party) and, upon [[MyoKardia:Organization]]’s written notice to Fulcrum, such target will no longer constitute an Excluded Target, and if [[MyoKardia:Organization]] designates such target as a Cardiomyopathy Target, the scope of the grant of rights with respect to such target to [[MyoKardia:Organization]] under this Agreement will be reduced solely to the extent necessary to comply with the applicable license, option or other grant of rights.