Common use of Exceptions to Confidential Information Clause in Contracts

Exceptions to Confidential Information. Contractor and the State shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing party”) which: (1) is rightfully known to the recipient prior to negotiations leading to this agreement, other than information obtained in confidence under prior engagements; (2) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; (3) is released by the disclosing party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; (4) is independently developed by the recipient without any reliance on confidential information; (5) is or later becomes part of the public domain or may be lawfully obtained by the State or Contractor from any nonparty; or, (6) is disclosed with the disclosing party’s prior written consent.

Appears in 4 contracts

Samples: Contract for Personal or Professional Services, Contract for Personal or Professional Services, Workers’ Compensation Third Party Administration and Loss Control/Risk Management Services Contract

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Exceptions to Confidential Information. Contractor and the State shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing party”) which: : (1) is rightfully known to the recipient prior to negotiations leading to this agreement, other than information obtained in confidence under prior engagements; ; (2) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; ; (3) is released by the disclosing party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; ; (4) is independently developed by the recipient without any reliance on confidential information; ; (5) is or later becomes part of the public domain or may be lawfully obtained by the State or Contractor from any nonparty; or, , (6) is disclosed with the disclosing party’s prior written consent.

Appears in 2 contracts

Samples: Contract for Personal or Professional Services, Contract for Personal or Professional Services

Exceptions to Confidential Information. Contractor Provider and the State shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing party”) which: (1a) is rightfully known to the recipient prior to negotiations leading to this agreement, other than information obtained in confidence under prior engagements; (2b) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; (3) ; is released by the disclosing party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; (4c) is independently developed by the recipient without any reliance on confidential information; (5d) is or later becomes part of the public domain or may be lawfully obtained by the State or Contractor Provider from any nonparty; or, (6e) is disclosed with the disclosing party’s prior written consent.

Appears in 2 contracts

Samples: Covid 19 Testing Provider Agreement, Covid 19 School Based Testing Provider Agreement

Exceptions to Confidential Information. Contractor and the State Agency shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing party”) which: (1) 31.1. is rightfully known to the recipient prior to negotiations leading to this agreement, other than information obtained in confidence under prior engagements; (2) 31.2. is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; (3) 31.3. is released by the disclosing party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; (4) 31.4. is independently developed by the recipient without any reliance on confidential information; (5) 31.5. is or later becomes part of the public domain or may be lawfully obtained by the State Agency or Contractor from any nonparty; or, (6) 31.6. is disclosed with the disclosing party’s prior written consent.

Appears in 1 contract

Samples: Modification/Amendment

Exceptions to Confidential Information. Contractor and the State shall not be obligated to treat as confidential confiden- tial and proprietary any information disclosed by the other party (“disclosing party”) which: (1) is rightfully known to the recipient prior to negotiations leading to this agreement, other than information xxxxx- xxxxxx obtained in confidence under prior engagements; (2) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; (3) is released by the disclosing party to any other person, firm, or entity (including governmental agencies agen- cies or bureaus) without restriction; (4) is independently developed by the recipient without any reliance on confidential information; (5) is or later becomes part of the public domain or may be lawfully obtained by the State or Contractor from any nonparty; or, (6) is disclosed with the disclosing party’s prior written consent.

Appears in 1 contract

Samples: Contract for Personal or Professional Services

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Exceptions to Confidential Information. Contractor and the State shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing party”) which: (1a) is rightfully known to the recipient prior to negotiations leading to this agreement, other than information obtained in confidence under prior engagements; (2b) is generally known or easily ascertainable by nonparties of ordinary skill in the business of the customer; (3c) is released by the disclosing party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; (4d) is independently developed by the recipient without any reliance on confidential information; (5e) is or later becomes part of the public domain or may be lawfully obtained by the State or Contractor from any nonparty; or, (6f) is disclosed with the disclosing party’s prior written consent.

Appears in 1 contract

Samples: Contract for Personal or Professional Services

Exceptions to Confidential Information. Contractor SUB-RECIPIENT and the State shall not be obligated to treat as confidential and proprietary any information disclosed by the other party (“disclosing partyDisclosing Party”) whichwhich is: (1) is rightfully Rightfully known to the recipient prior to negotiations leading to this agreementAgreement, other than information obtained in confidence under prior engagements; (2) is generally Generally known or easily ascertainable by nonparties of ordinary skill in the business of the customerto this Agreement; (3) is released Released by the disclosing party Disclosing Party to any other person, firm, or entity (including governmental agencies or bureaus) without restriction; (4) is independently Independently developed by the recipient without any reliance on confidential information; (5) is Part or later becomes part of the public domain or may be lawfully obtained by the State or Contractor SUB-RECIPIENT from any nonparty; or, (6) is disclosed Disclosed with the disclosing partyDisclosing Party’s prior written consent; or (7) Otherwise disclosed as required by applicable law.

Appears in 1 contract

Samples: Sub Award Agreement

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