Confidential Information Exclusions. Confidential Information will exclude information the Receiving Party can demonstrate is: (i) now or hereafter, through no unauthorized act or failure to act on Receiving Party’s part, in the public domain; (ii) known to the Receiving Party from a source other than the Disclosing Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the same from the Disclosing Party, as evidenced by contemporaneous written records; (iii) furnished to others by the Disclosing Party without restriction on disclosure; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information, as evidenced by contemporaneous written records.
Appears in 4 contracts
Samples: Research Services Agreement (Dyadic International Inc), Investment Agreement (Dyadic International Inc), Research Services Agreement (Dyadic International Inc)
Confidential Information Exclusions. Confidential Information will exclude excludes information the Receiving Party can demonstrate that is: (ia) now or hereafter, through no unauthorized act or failure to act on Receiving Party’s part, is or becomes generally known in the public domain; (iib) known to the Receiving Party from a source other than the Disclosing Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the same from the Disclosing Party, as evidenced by contemporaneous written records; (iiic) hereafter furnished to others the Receiving Party by the Disclosing Party a third party as a matter of right and without restriction on disclosure; or (ivd) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information, as evidenced by contemporaneous written records.
Appears in 4 contracts
Samples: Joint Development Agreement, Joint Development Agreement (Trikon Technologies Inc), Joint Development Agreement (New Athletics, Inc.)
Confidential Information Exclusions. Confidential Information will exclude information the Receiving Party can demonstrate is: (i) now or hereafter, through no unauthorized act or failure to act on Receiving Party’s 's part, in the public domain; (ii) known to the Receiving Party from a source other than the Disclosing Party (including former employees of the Disclosing Party) without an obligation of confidentiality at the time Receiving Party receives the same from the Disclosing Party, as evidenced by contemporaneous written records; (iii) furnished to others by the Disclosing Party without restriction on disclosure; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s 's Confidential Information, as evidenced by contemporaneous written records.
Appears in 3 contracts
Samples: Service Framework Agreement (Dyadic International Inc), Service Framework Agreement (Dyadic International Inc), Service Framework Agreement (Dyadic International Inc)