Common use of Confidentiality Maintained Clause in Contracts

Confidentiality Maintained. (a) Each Party (the "disclosing Party") has a proprietary interest in information which it discloses to the other Party (the "receiving Party"), whether in connection with this Agreement or otherwise, which is (i) a trade secret, confidential or proprietary information, (ii) not publicly known, and (iii) annotated by a legend, stamp or other written identification as confidential or proprietary information, or if disclosed orally, is identified as confidential or proprietary by a written instrument within 30 days of such disclosure (hereinafter referred to as "Proprietary Information"). The receiving Party shall disclose the Proprietary Information of the disclosing Party only to those of its agents and employees to whom it is necessary in order properly to carry out their duties as limited by the terms and conditions hereof. Both during and after the term of this Agreement, all disclosures by the receiving Party to its agents and employees shall be held in strict confidence by such agents and employees. During and after the term of this Agreement, the receiving Party, its agents and employees shall not use the Proprietary Information for any purpose other than in connection with discharging its duties pursuant to this Agreement. The receiving Party shall, at its expense, return to the disclosing Party the Proprietary Information of the disclosing Party as soon as practicable after the termination or expiration of this Agreement. During the term of this Agreement and thereafter, all such Proprietary Information shall remain the exclusive property of the disclosing Party. This Section 12 shall also apply to any consultants or subcontractors that the receiving Party may engage in connection with its obligations under this Agreement.

Confidentiality Maintained. (a) Each Party (the "disclosing Party") has a proprietary interest in information which it discloses to the other Party (the "receiving Party")For purposes of this section, whether in connection with this Agreement or otherwise, which is (i) a trade secret, “Proprietary Information” shall mean any confidential or proprietary information provided to one party by the other, orally or in written or electronic form, including but not limited to technical information concerning Products, customer lists, sales figures, cost or pricing information and marketing materials. (provided that DISTRIBUTOR is not obligated to provide to PENUMBRA such information as its customer lists, sales, figures, cost or pricing information, (ii.) not publicly known, and (iii) annotated by a legend, stamp or other written identification as confidential or proprietary information, or if disclosed orally, is identified as confidential or proprietary by a written instrument within 30 days of such disclosure (hereinafter referred to as "Proprietary Information"). The receiving Party Each party shall disclose the other’s Proprietary Information of the disclosing Party only to those of its agents and employees to whom it is necessary in order properly to carry out their duties as limited by the terms and conditions hereof. Both during and for a three (3) year period after the term of this Agreement, all disclosures by Proprietary Information of the receiving Party to its agents and employees other party shall be held in strict confidence by such agents and employees. During and after the term of this Agreement, the receiving Party, its agents party and employees shall not use the Proprietary Information be used or disclosed for any purpose other than in connection with discharging its duties pursuant to performing the terms of this Agreement. The receiving Party shallEach party shall return documents, at its expense, return to computer disks and other media containing the disclosing Party the other’s Proprietary Information of the disclosing Party as soon as practicable after the termination or expiration of this AgreementAgreement or on demand by the party furnishing the information. During the term of this Agreement and thereafter, all All such Proprietary Information shall remain the exclusive property of the disclosing Partyparty during the term of this Agreement and thereafter. This Section 12 section shall also apply to any agents, consultants or subcontractors that the receiving Party either party may engage in connection with its obligations under this Agreement, and to any authorized sub-distributors. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission.

Confidentiality Maintained. (a) Each Party (the "disclosing Party") Distributor agrees that Manufacturer has a proprietary interest in any information which it discloses provided to the other Party (the "receiving Party")Distributor by Manufacturer, whether in connection with this Agreement or otherwise, whether in written or oral form, which is (i) a trade secret, confidential or proprietary information, (ii) not publicly known, and (iii) annotated by a legend, stamp or other written identification as confidential or proprietary information, or if disclosed orally, is identified as confidential or proprietary by a written instrument within 30 days of such disclosure information (hereinafter referred to as "Proprietary Information"). The receiving Party For such purposes, information regarding the manufacture, design, pricing, marketing and other aspects of the Products and the manner in which the Manufacturer conducts its business, excluding information which is, or becomes, public or general industry knowledge through no fault of the Distributor, shall be deemed to be "Proprietary Information" whether or not stamped, legended or otherwise identified as such. Distributor shall disclose the Proprietary Information of the disclosing Party only to those of its agents and employees to whom it is necessary in order properly to carry out their duties as limited by the terms and conditions hereof. Both during and after the term of this Agreement, Agreement all disclosures by the receiving Party Distributor to its agents and employees shall be held in strict confidence by such agents and employees. During and after the term of this Agreement, the receiving PartyDistributor, its agents and employees shall not use the Proprietary Information for any purpose other than in connection with discharging its duties Distributor's sale of the Products in the Territory pursuant to this Agreement. The receiving Party Distributor shall, at its expense, return to the disclosing Party Manufacturer the Proprietary Information of the disclosing Party as soon as practicable after the termination or expiration of this Agreement. During the term of this Agreement and thereafter, all All such Proprietary Information shall remain the exclusive property of Manufacturer during the disclosing Partyterm of this Agreement and thereafter. This Section 12 19 shall also apply to any consultants or subcontractors that the receiving Party Distributor may engage in connection with its obligations under this Agreement.

Confidentiality Maintained. (a) Each Party (party agrees that the "disclosing Party") other party has a proprietary interest in any information which it discloses to provided by the other Party (the "receiving Party")party, whether in connection with this Agreement or otherwise, whether in written or oral form, which is (i) a trade secret, confidential or proprietary information, (ii) not publicly known, and (iii) annotated by a legend, stamp or other written identification as confidential or proprietary information, or if disclosed orally, is identified as confidential or proprietary by a written instrument within 30 days of such disclosure information (hereinafter referred to as "Proprietary Information"Information ). The receiving Party Each party shall disclose the Proprietary Information of provided by the disclosing Party other party only to those of its agents and employees to whom it is necessary in order to properly to carry out their duties as limited by the terms and conditions hereof. Both during and after the term of this Agreement, all disclosures by the party receiving Party Proprietary Information to its agents and employees shall be held in strict confidence by such agents and employees. During and after the term of this Agreement, the such receiving Partyparty, its agents and employees shall not use the Proprietary Information for any purpose other than in connection with discharging its duties in the Territory pursuant to this Agreement. The receiving Party party shall, at its expense, return to the disclosing Party party the Proprietary Information of the provided by such disclosing Party party as soon as practicable after the termination or expiration of this Agreement. During the term of this Agreement and thereafter, all such Proprietary Information shall remain the exclusive property of the disclosing Partyparty which provided it. This Section 12 11 shall also apply to any consultants or subcontractors that the receiving Party party may engage in connection with its obligations under this Agreement.

Confidentiality Maintained. (a) Each Party party agrees that the disclosing party (the "disclosing Disclosing Party") has a proprietary interest in any information which it discloses provided to the other Party party receiving such information (the "receiving Receiving Party")) by the Disclosing Party, whether in connection with this Agreement or otherwise, which is (i) a trade secret, confidential or proprietary information, information and (ii) not publicly known, and known (iii) annotated by a legend, stamp or other written identification as confidential or proprietary information, or if disclosed orally, is identified as confidential or proprietary by a written instrument within 30 days of such disclosure (hereinafter referred to as "Proprietary Information"). The receiving Party shall disclose Specifically, but without limitation, LLC agrees that NewSub has a proprietary interest in the Proprietary Information names and addresses of the disclosing Party only customers solicited by NewSub (as well as those customers" customers and cardholders) pursuant to those of its agents and employees to whom it is necessary in order properly to carry out their duties as limited by the terms and conditions hereof. Both during and after the term of this Agreement, all disclosures by the receiving Party to its agents and employees shall be held in strict confidence by such agents and employees. During and after the term of this Agreement, the receiving Receiving Party shall not disclose the Proprietary Information of the Disclosing Party except to those of the Receiving Party"s agents, employees, subcontractors and consultants to whom it is necessary in order to discharge the Receiving Party"s duties pursuant to this Agreement. During and after the term of this Agreement, the Receiving Party, its agents agents, employees, subcontractors and employees consultants shall not use the Proprietary Information of the Disclosing Party for any purpose other than in connection with discharging its the Receiving Party"s duties pursuant to this Agreement. The receiving Upon termination or expiration of this Agreement for any reason, the Receiving Party shall, at its expense, either promptly return to the disclosing Party Disclosing Party, or destroy, all of the Proprietary Information of the disclosing Disclosing Party as soon as practicable after the termination in any form whatsoever which it may have in its possession, custody or expiration of this Agreementcontrol (whether direct or indirect). During the term of this Agreement and thereafter, all such the Disclosing Party"s Proprietary Information shall remain the exclusive property of the disclosing Disclosing Party. This Section 12 shall also apply to any consultants or subcontractors that the receiving Party may engage in connection with its obligations under this Agreement.