CONFIDENTIALITY AND NON-DISCLOSURE; SECURITY BREACH REPORTING. 2.1 For purposes of this Contract, confidential information will not include information or material which (a) enters the public domain (other than as a result of a breach of this Contract); (b) was in the receiving party’s possession prior to its receipt from the disclosing party; (c) is independently developed by the receiving party without the use of confidential information; (d) is obtained by the receiving party from a third party under no obligation of confidentiality to the disclosing party; or (e) is not exempt from disclosure under applicable State law.
CONFIDENTIALITY AND NON-DISCLOSURE; SECURITY BREACH REPORTING. 2.1 For purposes of this Contract, confidential information will not include information or material which (a) enters the public domain (other than as a result of a breach of this Contract);
CONFIDENTIALITY AND NON-DISCLOSURE; SECURITY BREACH REPORTING. 2.1 For purposes of this Contract, confidential information will not include information or material which
(a) enters the public domain (other than as a result of a breach of this Contract); (b) was in the receiving party’s possession prior to its receipt from the disclosing party; (c) is independently developed by the receiving party without the use of confidential information; (d) is obtained by the receiving party from a third party under no obligation of confidentiality to the disclosing party; or (e) is not exempt from disclosure under applicable State law.
2.2 All Confidential Information is and will remain the property of disclosing Party (“Discloser”) and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser’s written request, the Party receiving Confidential Information of the Discloser (“Recipient”) will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and
CONFIDENTIALITY AND NON-DISCLOSURE; SECURITY BREACH REPORTING. For purposes of this Contract, “Confidential Information” shall be such information that is marked “Proprietary” or “Confidential,” that is known by the recipient to be confidential or that is of such a nature as customarily would be confidential between business parties, except as provided in the next sentence. Confidential Information will not include information or material which (a) enters the public domain (other than as a result of a breach of this Contract); (b) was in the receiving party’s possession prior to its receipt from the disclosing party; (c) is independently developed by the receiving party without the use of confidential information; (d) is obtained by the receiving party from a third party under no obligation of confidentiality to the disclosing party; or (e) is demonstrated by recipient to have been independently developed by recipient without reference to the other party’s information.
CONFIDENTIALITY AND NON-DISCLOSURE; SECURITY BREACH REPORTING
