Common use of Exception to Confidentiality Clause in Contracts

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him from a source other than the Company or its agents; (iii) was already known to him at the time of its receipt, as shown by reasonable proof filed with the Company within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the Employee's possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the Employee's possession unless the combination itself and its principle of operation are available to the general public.

Appears in 7 contracts

Samples: Employment Agreement (Rentech Inc /Co/), Employment Agreement (Rentech Inc /Co/), 18 Employment Agreement (Rentech Inc /Co/)

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Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee Comart from Rentech as a result of his employment this Agreement shall not be considered confidential, and he Comart shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: , (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him Comart from a source other than the Company Rentech or its agents; (iii) was already known to him by Comart at the time of its receipt, as shown by reasonable proof filed with the Company Rentech within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the EmployeeComart's possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the EmployeeComart's possession unless the combination itself and its principle of operation are available to the general public.

Appears in 3 contracts

Samples: Agreement for Plant Design Study and Marketing (Rentech Inc /Co/), Agreement for Plant Design Study and Marketing (Rentech Inc /Co/), Agreement for Plant Design Study and Marketing (Rentech Inc /Co/)

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him from a source other than the Company or its agents; (iii) was already known to him at the time of its receipt, as shown by reasonable proof filed with the Company within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the Employee's Employee(s possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the Employee's Employee(s possession unless the combination itself and its principle of operation are available to the general public.

Appears in 2 contracts

Samples: Employment Agreement (Rentech Inc /Co/), Employment Agreement (Rentech Inc /Co/)

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee Licensee from Alpha Engines as a result of his employment this Agreement shall not be considered confidential, and he Licensee shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: , (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him Licensee from a source other than the Company Alpha Engines or its agents; (iii) was already known to him by Licensee at the time of its receipt, as shown by reasonable credible proof filed with the Company Alpha Engines within a reasonable time thirty days after its receipt; or (iv) is required to be disclosed by law or final order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the EmployeeLicensee's possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the EmployeeLicensee's possession unless the combination itself and its principle of operation are available to the general public.

Appears in 1 contract

Samples: License Agreement (Turbine Truck Engines Inc)

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him from a source other than the Company or its agents; (iii) was already known to him at the time of its receipt, as shown by reasonable proof filed with the Company within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the Employee's Employee(s possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the Employee's Employee(s possession unless the combination itself and its principle of operation are available to the general public.

Appears in 1 contract

Samples: Employment Agreement (Rentech Inc /Co/)

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Exception to Confidentiality. It is agreed, as an exception to the foregoing A receiving party shall not have any obligations of confidentiality, that information received by the Employee nondisclosure or confidentiality under Section 8.1 as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: , that (i) is or becomes, through no fault of the receiving party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him the receiving party or an Affiliate from a source other than the Company or its agentsdisclosing party; (iii) was already known to him by the receiving party or an Affiliate at the time of its receipt, as shown (iv) is independently developed by reasonable proof filed with employees or contractors of the Company within a reasonable time after its receiptreceiving party or an Affiliate without access to the disclosed information; or (ivv) is required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulasformulae, procedures and *Omitted material filed separately. other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to within the general public or in the Employee's possessionforegoing exceptions. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to within the general public or in the Employee's possession unless the combination itself and its principle of operation are available to the general publicforegoing exceptions.

Appears in 1 contract

Samples: Agreement (Rentech Inc /Co/)

Exception to Confidentiality. It is agreed, as an exception to the foregoing obligations of confidentiality, that information received by the Employee as a result of his employment shall not be considered confidential, and he shall not be limited in disclosing the same, if and to the extent that the information, as shown by competent evidence: (i) is or becomes, through no fault of the party obligated to maintain confidentiality, in the public domain; (ii) is lawfully obtained by him from a source other than the Company or its agents; (iii) was already known to him at the time of its receipt, as shown by reasonable proof filed with the Company within a reasonable time after its receipt; or (iv) required to be disclosed by law or order of any court or governmental authority having jurisdiction. Disclosures that are specific, including but not limited to operating conditions such as pressures, temperatures, formulas, procedures and other like standards and conditions, shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures available to the general public or in the Employee's Employee(s possession. Additionally, any combination of features shall not be deemed to be within the foregoing exceptions merely because the individual features are available to the general public or in the Employee's Employee(s possession unless the combination itself and its principle of operation are available to the general public.

Appears in 1 contract

Samples: Employment Agreement (Rentech Inc /Co/)

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