Common use of Confidential Information and Permitted Disclosures Clause in Contracts

Confidential Information and Permitted Disclosures. Each Party shall hold in confidence (a) any information provided or supplied by the other Party or its Personnel that is marked to be confidential, including such information as may have been provided or supplied prior to the Effective Date, (b) the commercial terms of any leases or other documents related to the Real Property Rights, and (c) the contents of this Agreement (collectively, “Confidential Information”). Both Parties shall inform their Affiliates, Subcontractors, suppliers and Personnel of their obligations under this Section 16.1 and require such Persons to adhere to the provisions hereof. Notwithstanding the foregoing, the following categories of information will not constitute Confidential Information. (a) information that was in the public domain prior to receipt thereof by such Party or which subsequently becomes part of the public domain by publication or otherwise except by a wrongful act of such Party or its Affiliates, Subcontractors, employees, directors, officers, agents, advisers or representatives; (b) information that such Party can show was lawfully in its possession prior to receipt thereof from the other Party through no breach of any confidentiality obligation; (c) information received by such Party from a third party having no obligation of confidentiality with respect thereto; (d) information at any time developed independently by such Party provided it is not developed from otherwise Confidential Information.

Confidential Information and Permitted Disclosures. Each Party shall hold in confidence (a) any information provided or supplied by the other Party or its Personnel that is marked to be confidential, including such information as may have been provided or supplied prior to the Effective Date, (b) the commercial terms of any leases or other documents related to the Real Property Rights, and (c) the contents of this Agreement (collectively, “Confidential Information”). Both Parties shall inform their Affiliates, Subcontractors, suppliers and Personnel of their obligations under this Section 16.1 and require such Persons to adhere to the provisions hereof. Notwithstanding the foregoing, the following categories of information will not constitute Confidential Information. (a) . information that was in the public domain prior to receipt thereof by such Party or which subsequently becomes part of the public domain by publication or otherwise except by a wrongful act of such Party or its Affiliates, Subcontractors, employees, directors, officers, agents, advisers or representatives; (b) ; information that such Party can show was lawfully in its possession prior to receipt thereof from the other Party through no breach of any confidentiality obligation; (c) ; information received by such Party from a third party having no obligation of confidentiality with respect thereto; (d) ; information at any time developed independently by such Party provided it is not developed from otherwise Confidential Information.

Confidential Information and Permitted Disclosures. Each Party shall hold in confidence (a) any information provided or supplied by the other Party or its Personnel that is marked to be confidential, including such information as may have been provided or supplied prior to the Effective Date, (b) only as an obligation of Company (and not Owner), the commercial terms of any leases or other documents related to the Real Property Rights, and (c) the contents of this Agreement (collectively, “Confidential Information”). Both Parties shall inform their Affiliates, Subcontractors, suppliers and Personnel of their obligations under this Section 16.1 16.4 and require such Persons to adhere to the provisions hereof. Notwithstanding the foregoing, the following categories of information will not constitute Confidential Information. : (ai) information that was in the public domain prior to receipt thereof by such Party or which subsequently becomes part of the public domain by publication or otherwise except by a wrongful act of such Party or its Affiliates, Subcontractors, employees, directors, officers, agents, advisers or representatives; ; (bii) information that such Party can show was lawfully in its possession prior to receipt thereof from the other Party through no breach of any confidentiality obligation; ; (ciii) information received by such Party from a third party having no obligation of confidentiality with respect thereto; ; or (div) information at any time developed independently by such Party Party, provided it is not developed from otherwise Confidential Information.