Exclusions. The following are expressly excluded from the Premises and reserved to Landlord: all the perimeter walls of the Premises (except the inner surfaces thereof), the Common Areas, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use of all of the foregoing, except as expressly permitted pursuant to Section 1.3(a) above.

EXCLUSIONS. Notwithstanding any provision in this Agreement, except for Section 28, the Company shall not be obligated under this Agreement to make any indemnification, advance of expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee:

Exclusions. The foregoing obligations in Section 6.2 shall not apply to any Proprietary Information # is or has become generally known or available other than by any act or omission of the non-Disclosing Party; # was rightfully known by the non-Disclosing Party prior to the time of first disclosure to the Disclosing Party; # is independently developed by the non-Disclosing Party without the use of Proprietary Information of the Disclosing Party; or # is rightfully obtained without restriction from a third party who has the right to make such disclosure and without breach of any duty of confidentiality to the Disclosing Party. In addition, either Party may use or disclose Proprietary Information of the other Party to the extent # approved in advance in writing by the Disclosing Party or # if legally compelled to disclose such Proprietary Information, provided that non-Disclosing Party shall use reasonable efforts to give advance notice of such compelled disclosure to the Disclosing Party, and shall cooperate with the Disclosing Party in connection with any efforts to prevent or limit the scope of such disclosure and/or use of the Proprietary Information.

EXCLUSIONS. Notwithstanding any provision in this Agreement, except for Section 27, the Company shall not be obligated under this Agreement to make any indemnification, advance of expenses, hold harmless or exoneration payment in connection with any claim made against Indemnitee:

Exclusions. Notwithstanding Clause 10.1, Confidential Information does not include information that # is or becomes generally available to the public or within the industry to which such information relates other than as a result of a breach of this Agreement, # is already known by the Recipient at the time of disclosure as evidenced by the Recipient’s written records, # becomes available to the Recipient on a non-confidential basis from a source that is entitled to disclose it on a non-confidential basis or # was or is independently developed by or for the Recipient without reference to the Confidential Information of the Discloser as evidenced by the Recipient’s written records.

Exclusions. The provisions of this [Section 8.13] shall not apply to assets where the cost or burden of obtaining a security interest therein or perfection thereof outweighs the benefit to the Lenders afforded thereby, as agreed in writing by the Borrower and the Administrative Agent.

Exclusions. The restrictions set forth in this Section 5.5 will not apply to Confidential Information that:

Exclusions. The following are expressly excluded from the Premises and reserved to Landlord: all the perimeter walls of the Premises (except the inner surfaces thereof), the Common Areas, and any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, fan rooms, ducts, electric or other utilities, sinks or other Building facilities, and the use of all of the foregoing, except as expressly permitted pursuant to Section 1.3(a) above.

Exclusions. The provisions of [Section 6.1] shall not apply to:

Exclusions. The evaluation of these metrics will exclude # asset write downs, # litigation or claim judgments or settlements, # changes in tax laws, accounting principles, or other laws or provisions affecting reported results, # any reorganization and restructuring programs, # extraordinary non-recurring items as described in ASC 225-20 Presentation-Income Statement – Extraordinary and Unusual Items and/or in management’s discussion and analysis of financial condition and results of operations appearing in the Company’s annual report to shareholders for the applicable fiscal year(s), # acquisitions, divestitures or accounting changes, # foreign exchange gains and losses, and # other special charges or extraordinary items.