Excluded Information. There will be no obligation of confidentiality or restriction on the use of information where: 4.1 The information is publicly available, or becomes publicly available otherwise than by action of the Bidder; or 4.2 The information was already known to the Bidder (as evidenced by its written records) prior to its receipt under this or any previous confidentiality agreement between the parties or their affiliates; or 4.3 The information was received from another party not in breach of an obligation of confidentiality.
Appears in 38 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement