Exceptions to Confidentiality Obligations. The obligations of this Agreement shall not apply to Confidential Information which the Consultant shall demonstrate, by clear and convincing evidence: 1. is or becomes publicly available (other than through unauthorized disclosure under this Agreement); 2. is already known by the Consultant without an obligation of confidentiality prior to the disclosure thereof by Company, as evidenced by the Consultant's written records, maintained in the ordinary course, existing before the first date of Consultant's engagement with Company; or 3. is rightfully received by the Consultant from a third party free of any obligation of confidentiality.
Appears in 5 contracts
Samples: Consulting Agreement (ABC Acquisition Corp 1502), Consulting Agreement (ABC Acquisition Corp 1502), Consulting Agreement (ABC Acquisition Corp 1502)
Exceptions to Confidentiality Obligations. The obligations of this Agreement shall not apply to Confidential Information which the Consultant Supplier shall demonstrate, by clear and convincing evidence:
1. is or becomes publicly available (other than through unauthorized disclosure under this Agreement);
2. is already known by the Consultant Supplier without an obligation of confidentiality prior to the disclosure thereof by CompanyPRLX, as evidenced by the ConsultantSupplier's written records, maintained in the ordinary course, existing before the first date of ConsultantSupplier's engagement with CompanyPRLX; or
3. is rightfully received by the Consultant Supplier from a third party free of any obligation of confidentiality.
Appears in 4 contracts
Samples: Supply Agreement (Endeavor Power Corp), Development and Supply Agreement (Endeavor Power Corp), Supply Agreement (Parallax Diagnostics, Inc.)
Exceptions to Confidentiality Obligations. The obligations of this Agreement shall not apply to Confidential Information which the Consultant shall demonstrate, by clear and convincing evidence:
1. ) is or becomes publicly available (other than through unauthorized disclosure under this Agreement);
2. ) is already known by the Consultant without an obligation of confidentiality prior to the disclosure thereof by Company, as evidenced by the Consultant's written records, maintained in the ordinary course, existing before the first date of Consultant's engagement with Company; or
3. ) is rightfully received by the Consultant from a third party free of any obligation of confidentiality.
Appears in 1 contract
