Confidential Information and Exclusions. Notwithstanding Section 12.1 above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.
Confidential Information and Exclusions. Notwithstanding Section 1.2(c), Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.
Confidential Information and Exclusions. Notwithstanding Section 1.2(i), Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the Receiving Party shall provide prompt notice thereof to the Disclosing Party and shall use its best efforts to obtain a protective order or otherwise prevent public disclosure of such information.
Confidential Information and Exclusions. The Disclosing Party contemplates providing to the Receiving Party, either orally or in writing, information considered Confidential Information not readily available or otherwise known to the public. Such Confidential Information, whether marked or identified as such or not, may include, but not be limited to, information related to the purchase of the office building property located at 000 XX Xxxxxx Xxxxxx, Xxxxxx, XX.
Confidential Information and Exclusions. “Confidential Information" means any information disclosed by one party (the "Discloser") to the other party (the "Recipient") that is visually or orally identified as "confidential," "proprietary," or similarly identified, or that should reasonably be understood to be confidential under the circumstances. Confidential Information does not include any information that (i) Recipient knows or possesses, without any confidentiality obligation to the Discloser at the time of disclosure; (ii) is or becomes public, through no fault of the Recipient; (iii) Recipient receives from a third party with no confidentiality obligation to the Discloser; or (iv) Recipient independently develops without reference to any Confidential Information of the Discloser. For purposes of the Agreements, "Confidential Information" will include but shall not be limited to, the following:
Confidential Information and Exclusions. 16 Section 9.2
Confidential Information and Exclusions. Notwithstanding Section 1.2(d), Confidential Information shall exclude information that the Receiving Party can demonstrate:
Confidential Information and Exclusions. Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the Receiving Party shall provide prompt notice thereof to the Disclosing Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information. 12.2.
