Definition of Information. The term “Information” as used in this Agreement includes without limitation any and all information furnished directly or indirectly, either orally, electronically or in writing, by or on behalf of the Company to the Receiving Party and/or its Representatives, and any and all documents regarding Company, its affiliates, subsidiaries, agents, managers, franchisors, the valuation and marketing and sale contemplated herein, and all other information (including such information contained on any computer tapes, computer disks or any other form of electronic or magnetic media, data sites, share sites, Firmex sites and other web based data sharing platforms), whether or not marked “confidential,” that Company or any of its Representatives furnishes or otherwise discloses, whether before or after the date hereof, to Receiving Party or any of its Representatives, together with all notes, analyses, compilations, studies, forecasts, projections, interpretations or other documents, records or data (including information contained on any computer tapes, computer disks, “data sites” or any other form of electronic or magnetic media, share sites, Firmex sites and other web based data sharing platforms) prepared by Receiving Party and/or its Representatives that contain or otherwise reflect or are generated from such documents and Information. However, the term “Information” does not include information that (i) is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives in breach of the terms hereof, ( ii) becomes available to Receiving Party or any of its Representatives on a non-confidential basis from a source other than Company or its Representatives, provided that such source is not known by Receiving Party or its Representatives to be bound by a confidentiality agreement with or other obligation of secrecy to Company with respect to such information, or ( iii) was or is independently developed by Receiving Party or its Representatives with resources other than Company’s Information.
Appears in 8 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement
Definition of Information. The term “Information” as used in this Agreement includes without limitation any and all information furnished directly or indirectly, either orally, electronically or in writing, by or on behalf of the Company to the Receiving Party and/or its Representatives, and any and all documents regarding Company, its affiliates, subsidiaries, agents, managers, franchisors, the valuation and marketing and sale contemplated herein, and all other information (including such information contained on any computer tapes, computer disks or any other form of electronic or magnetic media, data sites, share sites, Firmex sites and other web based data sharing platforms), whether or not marked “confidential,” that Company or any of its Representatives furnishes or otherwise discloses, whether before or after the date hereof, to Receiving Party or any of its Representatives, together with all notes, analyses, compilations, studies, forecasts, projections, interpretations or other documents, records or data (including information contained on any computer tapes, computer disks, “data sites” or any other form of electronic or magnetic media, share sites, Firmex sites and other web based data sharing platforms) prepared by Receiving Party and/or its Representatives that contain or otherwise reflect or are generated from such documents and Informationinformation. However, the term “Information” does not include information that (ia) is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives in breach of the terms hereof, ( ii(b) becomes available to Receiving Party or any of its Representatives on a non-confidential basis from a source other than Company or its Representatives, provided that such source is not known by Receiving Party or its Representatives to be bound by a confidentiality agreement with or other obligation of secrecy to Company with respect to such information, or ( iii(c) was or is independently developed by Receiving Party or its Representatives with resources other than Company’s InformationInformation .
Appears in 5 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement
