Exclusions. “Confidential Information” will exclude information that the Receiving Party can demonstrate is: # now or hereafter, through no unauthorized act or failure to act on Receiving Party’s part, generally available to the public, # known to the Receiving Party from a source other than the Disclosing Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the same from the Disclosing Party, as evidenced by written records, # hereafter furnished to the Receiving Party by a third party as a matter of right and without restriction on disclosure, # furnished to others by the Disclosing Party without restriction on disclosure, or # independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.

Exclusions. “Confidential Information” will excludeExceptions. Confidential Information of the Disclosing Party shall not include information that the Receiving Party can demonstrate is:by competent evidence: # now or hereafter,was in the public domain at the time of disclosure by the Disclosing Party; # later became part of the public domain through no unauthorized act or failure to act onomission of the Receiving Party’s part, generally available to the public,Party in breach of this Agreement; # knownis lawfully disclosed to the Receiving Party fromon a source other thannon-confidential basis by a Third Party having the Disclosingright to disclose it; or # was already known by the Receiving Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the sameof receiving such information from the Disclosing Party, as evidenced by written records, # hereafter furnished to the Receiving Party by a third party as a matter of right and without restriction on disclosure, # furnished to others by the Disclosing Party without restriction on disclosure, or # independently developed by the Receiving Party without use of the Disclosing Party’Party’s Confidential Information.pre-existing written records.

Exclusions. “Confidential Information” will excludeConfidential Information does not include information that either of the Receiving PartyParties can demonstrate is:demonstrate: # nowwas in their possession prior to its being furnished under the terms of this Agreement, provided the source of that information was not known by the Parties to be bound by a confidentiality agreement with or hereafter,other continual, legal or fiduciary obligation of confidentiality; # is now, or hereafter becomes, through no unauthorized act or failure to act on Receiving Party’s part,the part of the Parties, generally available to the public, # known to the Receiving Partypublic; # is rightfully obtained by the Parties from a source other than the Disclosing Party (including former employeesthird party, without breach of the Disclosing Party) without anany obligation of confidentiality at the time Receiving Party receives the same from the Disclosing Party, as evidenced by written records, # hereafter furnished to the Receiving Party by a third party as a matter of right and without restriction on disclosure,Parties; or # furnished to others by the Disclosing Party without restriction on disclosure, or #is independently developed by the Receiving PartyParties without use of or reference to the Disclosing Party’s Confidential Information.

Exclusions. “Confidential Information” will excludeConfidential Information for purposes of this Contract shall not include information if and only to the extent that the Receiving Party can demonstrate is:establishes that the information: # nowis or hereafter,becomes a part of the public domain through no unauthorized act or failure to act onomission of the Receiving Party; # was in the Receiving Party’s part, generally availablelawful possession prior to the public, # known todisclosure and had not been obtained by the Receiving Party from a source other than the Disclosing Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the sameeither directly or indirectly from the Disclosing Party, as evidenced by written records,Party; or # hereafter furnishedis lawfully disclosed to the Receiving Party by a third party as a matter of right and without restriction on disclosure, # furnished to others by the Disclosing Party without restriction on disclosure, or # independently developeddisclosure. Confidential Information may also be disclosed by the Receiving Party without usepursuant to a requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party’sParty prior to such disclosure in a timely fashion in order to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information.Information is disclosed.