Common use of Confidential Information, etc Clause in Contracts

Confidential Information, etc. Each Shareholder agrees that all information received by it pursuant to this Section 2, and any other information relating to the Company's technology, processes or formulas that is disclosed by the Company to any Shareholder in writing and is marked "Confidential," shall be considered confidential information. Each Shareholder further agrees that it shall hold all such confidential information in confidence and shall not disclose any such confidential information to any third party other than its counsel or accountants nor shall such Shareholder use such confidential information for any purpose other than evaluation of such Shareholder's investment in the Company; provided, however, that the foregoing obligation to hold in confidence and not to disclose confidential information shall not apply to any such information that (a) was known to the public prior to disclosure by the Company, (b) becomes known to the public through no fault of such Shareholder, (c) is disclosed to such Shareholder on a non-confidential basis by a third party having a legal right to make such disclosure or (d) is independently developed by such Shareholder.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Vista Medical Technologies Inc), Asset Purchase Agreement (Vista Medical Technologies Inc), Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)

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Confidential Information, etc. Each Shareholder Holder agrees that all information received by it pursuant to this Section 24, and any other information relating to the Company's technology, processes or formulas that is disclosed by the Company to any Shareholder Holder in writing and is marked "Confidential," shall be considered confidential information. Each Shareholder Holder further agrees that it shall hold all such confidential information relating to the Company in confidence and shall not disclose any such confidential information to any third party other than its counsel or accountants nor shall such Shareholder Holder use such confidential information for any purpose other than evaluation of such ShareholderHolder's investment in the Company; provided, however, that the foregoing obligation to hold in confidence and not to disclose confidential information shall not apply to any such information that (a) was known to the public prior to disclosure by the Company, (b) becomes known to the public through no fault of such ShareholderHolder, (c) is disclosed to such Shareholder Holder on a non-confidential basis by a third party having a legal right to make such disclosure or (d) is independently developed by such ShareholderHolder.

Appears in 2 contracts

Samples: Investor Rights Agreement (Aderis Pharmaceuticals Inc), Investor Rights Agreement (Aderis Pharmaceuticals Inc)

Confidential Information, etc. Each Shareholder Stockholder agrees that all information received by it pursuant to this Section 2, and any other information relating to the Company's technology, processes or formulas that is disclosed by the Company to any Shareholder Stockholder in writing and is marked "Confidential," shall be considered confidential information. Each Shareholder Stockholder further agrees that it shall hold all such confidential information in confidence and shall not disclose any such confidential information to any third party other than its counsel or accountants nor shall such Shareholder Stockholder use such confidential information for any purpose other than evaluation of such ShareholderStockholder's investment in the Company; provided, however, that the foregoing obligation to hold in confidence and not to disclose confidential information shall not apply to any such information that (a) was known to the public prior to disclosure by the Company, (b) becomes known to the public through no fault of such ShareholderStockholder, (c) is disclosed to such Shareholder Stockholder on a non-confidential basis by a third party having a legal right to make such disclosure or (d) is independently developed by such ShareholderStockholder.

Appears in 1 contract

Samples: Rights Agreement (Vista Medical Technologies Inc)

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Confidential Information, etc. Each Shareholder agrees that all information received by it pursuant to this Section 2, and any other information relating to the Company's technology, processes or formulas that is disclosed by the Company to any Shareholder in writing and is marked "Confidential," shall be considered confidential information. Each Shareholder further agrees that it shall hold all such confidential information in confidence and shall not disclose any such confidential information to any third party other than its counsel or accountants nor shall such Shareholder use such confidential information for any purpose other than evaluation of such Shareholder's investment in the Company; provided, however, that the foregoing obligation to hold in confidence and not to disclose confidential information shall not apply to any such information that (a) was known to the public prior to disclosure by the Company, (b) becomes known to the public through no fault of such Shareholder, (c) is disclosed to such Shareholder on a non-confidential basis by a third party having a legal right to make such disclosure or (d) is independently developed by such Shareholder.

Appears in 1 contract

Samples: Investors' Rights Agreement (Continuus Software Corp /Ca)

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