Common use of Confidential Information of Clause in Contracts

Confidential Information of. a Party (Disclosing Party) means and includes all unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other unregistered or unpatented intellectual property, financial and business information and all other commercially valuable information of the Disclosing Party, in any form, which is designated in writing by the Disclosing Party as confidential to it and all copies, notes and records and all related information generated by using such information. Confidential Information excludes or, as the case requires, ceases to include, information that is or becomes: (i) after the date of its disclosure by the Disclosing Party to the other Party (Receiving Party), properly available to the Receiving Party from a third party having no obligation of confidentiality to the Disclosing Party; (ii) at the date of its disclosure by the Disclosing Party to the Receiving Party, already properly in the possession of the Receiving Party in written form otherwise than by prior confidential disclosure from the Disclosing Party; (iii) available to the public other than as a result of a breach of confidentiality by the Receiving Party or its permitted disclosees; or (iv) demonstrated by the Receiving Party to be independently developed by an employee or agent of the Receiving Party having no knowledge of such information the subject of the disclosure.

Confidential Information of. a Party (Disclosing Party) means and includes all unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other unregistered or unpatented intellectual propertyIntellectual Property, financial and business information and all other commercially valuable information of the Disclosing Party, in any form, which is designated in writing by the Disclosing Party as confidential to it and all copies, notes and records and all related information generated by using such information. Confidential Information excludes or, as the case requires, ceases to include, information that is or becomes: (i) after the date of its disclosure by the Disclosing Party to the other Party (Receiving Party), properly available to the Receiving Party from a third party having no obligation of confidentiality to the Disclosing Party; (ii) at the date of its disclosure by the Disclosing Party to the Receiving Party, already properly in the possession of the Receiving Party in written form otherwise than by prior confidential disclosure from the Disclosing Party; (iii) available to the public other than as a result of a breach of confidentiality by the Receiving Party or its permitted disclosees; or (iv) demonstrated by the Receiving Party to be independently developed by an employee or agent of the Receiving Party having no knowledge of such information the subject of the disclosure.