Exceptions from Confidential Information Sample Clauses

Exceptions from Confidential Information. Confidential Information shall not include information that: (i) is or becomes part of the public domain without violation of this Agreement by Recipient, (ii) is already in Recipient's possession free of any restriction on use or disclosure, (iii) becomes available to Recipient from a third party provided that such party was free from restriction on disclosure of the information or (iv) has been independently developed by Recipient.
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Exceptions from Confidential Information. Each Party covenants and agrees that it will, notwithstanding that this Agreement may have terminated or expired, keep in confidence, and prevent the use or disclosure to any person or persons inside and outside its organization or to any unauthorized person or persons, any and all information which is received from the other under this Agreement and has been protected in accordance with this Agreement; provided however, that a Receiving Party shall not be liable for disclosure of any such information if the same: A. Was in the public domain at the time it was disclosed, or B. Becomes part of the public domain without breach of this Agreement, or C. Is disclosed to the Receiving Party without restriction D. Was known to Receiving Party at the time of disclosure without restriction on its use or independently developed by the Receiving Party with documentation to support the condition, or As between the Parties hereto, the provisions of this Paragraph 5 shall supersede the provisions of any inconsistent legend that may be affixed to said data by the Disclosing Party, and the inconsistent provisions of any such legend shall be without any force or effect. Any protected information provided by one Party to the other shall be used only in furtherance of the Purpose described in this Agreement, and shall be, upon written request at any time, returned to the Disclosing Party or destroyed, in which cases certification of the destruction by the Receiving Party will be provided to the Disclosing Party upon request. The Receiving Party shall notify the Disclosing Party in writing immediately upon the occurrence of any unauthorized release of Confidential Information or the loss of any Confidential Information, whether inadvertent or otherwise, and shall use reasonable efforts to prevent, or limit any further dissemination of such Confidential Information and retrieve any improperly disclosed or lost information. The Receiving Party shall not have any liability for the disclosure of such Confidential Information which is disclosed as required by law or regulation pursuant to the order of any court or government agency having competent jurisdiction; provided, however, that in that event, the Receiving Party will (i) notify the Disclosing Party of the obligation to make such disclosure sufficiently in advance of the disclosure; and (ii) assert the confidentiality of such Confidential Information as provided for in clause 10 below.
Sample 1
Exceptions from Confidential Information. The following will not be considered Confidential Information to the extent that the Receiving Party can establish with competent written proof that such information (a) is, at the time of disclosure to the Receiving Party, in the public domain, or through no fault of the Receiving Party enters the public domain, (b) was rightfully in the Receiving Party’s possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it by another Person without restriction, or (d) was independently developed by it by persons without reference to or use of any Confidential Information of the Disclosing Party.
Sample 1
Exceptions from Confidential Information a. The confidentiality and secrecy obligation shall not apply to information that has become generally known, if this has not been done in breach of any of the obligations arising from the General Agreement or stipulated by law; however, disclosure will always be possible only to the extent necessary. b. The confidentiality obligation under this paragraph of the General Agreement shall be without prejudice to the obligation of the principal to disclose the Confidential Information or make it available to a third party arising from applicable laws or decisions of public authorities, as well as to the disclosure of the Confidential Information to its legal, accounting or tax advisors who are bound by the confidentiality obligation. c. The Contracting Parties are aware of the obligations arising from the applicable legal regulations concerning the protection and processing of personal data, in particular Act No. 110/2019 Coll., on personal data processing (hereinafter referred to as the “PDPA”) and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”). d. The Contracting Parties are entitled to process personal data to the extent necessary for the performance of this General Agreement; for this purpose, they are entitled in particular to store personal data on information carriers, modify it, store it for the time necessary to exercise the rights of other Contracting Parties arising from this General Agreement, transfer processed personal data to the principal, dispose of personal data, all in accordance with applicable laws and regulations relating to the protection and processing of personal data, in particular the PDPA and the GDPR. e. The Contracting Parties are aware that all information arising from this General Agreement or its performance will be disclosed to OTE and its employees. f. The Confidential Information shall not include information that is provided by a Contracting Party to the Transmission System Operator, its executives, employees, Affiliates, agents, professional advisors, bank or other financial institution, rating agency or potential acquirer. g. The Confidential Information also does not include information that is provided by the MIT or the Market Operator to a foreign party in charge of d...
Sample 1

Related to Exceptions from Confidential Information

  • Release of Confidential Information No Party shall release or disclose Confidential Information to any other person, except to its Affiliates (limited by FERC Standards of Conduct requirements), subcontractors, employees, consultants, or to parties who may be considering providing financing to or equity participation with Developer, or to potential purchasers or assignees of a Party, on a need-to-know basis in connection with this Agreement, unless such person has first been advised of the confidentiality provisions of this Article 22 and has agreed to comply with such provisions. Notwithstanding the foregoing, a Party providing Confidential Information to any person shall remain primarily responsible for any release of Confidential Information in contravention of this Article 22.

  • Use of Confidential Information 7.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under this Agreement. The Party that receives Confidential Information shall be known as “Receiving Party”. The Party that discloses Confidential Information shall be known as “Disclosing Party”. 7.2 The Receiving Party acknowledges that the Confidential Information is received on a confidential basis, and that the Disclosing Party shall remain the exclusive owner of its Confidential Information and of Intellectual Property rights contained therein. No license or conveyance of any such rights to the Receiving Party is granted or implied under this Agreement. 7.3 The Receiving Party shall: (a) use the Confidential Information of the Disclosing Party only for purposes of complying with its obligations under this Agreement and, without limiting the generality of the foregoing, shall not, directly or indirectly, deal with, use, exploit or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever (or in any manner which would benefit any competitor of the Disclosing Party) except as expressly permitted hereunder or unless and until expressly authorized in writing to do so by the Disclosing Party; (b) use reasonable efforts to treat, and to cause all its officers, agents, servants, employees, professional advisors and contractors and prospective contractors to treat, as strictly confidential all Confidential Information. In no event shall such efforts be less than the degree of care and discretion as the Receiving Party exercises in protecting its own valuable confidential information. Any contractors engaged by or prospective contractors to be engaged by the Receiving Party in connection with the performance of the Services shall be required to assume obligations of secrecy equal to or greater than the obligations that the Receiving Party has assumed in this Agreement with respect to the Confidential Information; (c) not, without the prior written consent of the Disclosing Party, disclose or otherwise make available the Disclosing Party’s Confidential Information or any part thereof to any party other than those of its directors, officers, agents, servants, employees, professional advisors, contractors or prospective contractors who need to know the Confidential Information for the purposes set forth herein; (d) not copy or reproduce in any manner whatsoever the Confidential Information of the Disclosing Party or any part thereof without the prior written consent of the Disclosing Party, except where required for its own internal use in accordance with this Agreement; and (e) promptly, upon termination or expiration of this Agreement, return and confirm in writing the return of all originals, copies, reproductions and summaries of Confidential Information or, or at the option of the Disclosing Party, destroy and confirm in writing the destruction of the Confidential Information (this sub- clause being applicable only on the User). 7.4 Provided, however that nothing herein shall restrict in any manner the ability of either Party to use or disclose Confidential Information owned by it in any manner whatsoever, and the obligations of confidentiality herein shall apply to each Party only to the extent that the Confidential Information or portion thereof is not owned by that particular Party.

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