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What are the exclusions from confidential information we have agreed in the NDA with company X?

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The NDA specifies exclusions from confidentiality obligations if it is either publicly available, previously known, received from an unrelated third party, or independently developed without using the disclosing party's confidential data.

Motivation

As references in the NDA with Company X:
3. Exclusions from Confidential Information.
(a) Is or becomes publicly available without breach of this Agreement;
(b) The Receiving Party can demonstrate was in its possession prior to first receiving it from the Disclosing Party;
(c) The Receiving Party receives from a third party without a breach of an obligation of confidentiality;
(d) The Receiving Party can demonstrate was independently developed without reference to the Disclosing Party’s Confidential Information.

Resources

12/09/21 - NDA Company X: NonDisclosureAgreement_CompanyX.docx

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