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Prior Knowledge Exception

CategoryConfidentiality

Clause TypeExceptions

Definition

Exception of a party's duty of confidentiality for information that they had prior knowledge of.

Example

This duty of confidentiality shall not apply to information that can be demonstrated by documentation to have already been rightfully in the Receiving Party's possession prior to disclosure to it by the Disclosing Party and was not acquired, directly or indirectly, from a third party under a continuing obligation of confidentiality;