CONSULTANT PROPRIETARY MATERIAL Sample Clauses

CONSULTANT PROPRIETARY MATERIAL. Consultant shall identify and provide reasonable prior written notice to NRG of any Consultant proprietary material Consultant intends to use prior to the use of such material. All Consultant proprietary material must be clearly marked as proprietary by Consultant. NRG agrees to keep such Consultant proprietary material confidential. Notwithstanding the foregoing, NRG may disclose or otherwise make available such Consultant proprietary material to a third party with whom NRG contracts for maintenance, operation, training, modification, repair, or consulting, provided that said third party agrees to be bound in writing by the limitations on use and disclosure of such material as contained herein. NRG agrees to take all reasonable action by instruction or agreement with its employees who are permitted access to Consultant proprietary material to satisfy its obligations under this Article. Notwithstanding the foregoing, the restrictions on NRG contained herein shall not apply to any data or documentation: a) which is in the public domain at the time it was disclosed by Consultant to NRG or at any time thereafter; or b) which was already known to NRG at the time of disclosure to NRG by Consultant; or c) after ten (10) years from the date of execution of the applicable Contract unless Consultant is subject to a longer restriction by a third party and NRG has agreed in writing to such longer restriction prior to use of such data or documentation; or d) which is independently developed by NRG; or e) which becomes known to NRG from a source other than Consultant without breach of the applicable Contract by NRG; or f) which is not marked as proprietary by Consultant; or g) which is not identified by Consultant to NRG in writing prior to use of such data or documentation in performing the work under the applicable Contract.