Exclusions from Definition. Confidential Information as used herein does not include any information which (i) is already known to the Recipient or its Representatives at the time that it is disclosed to the Recipient; provided that such prior knowledge can be substantiated by written records and documents; or (ii) is or has become generally known to the public through no wrongful act of the Recipient in violation of the terms of this Agreement; or (iii) is obtained by the Recipient or its Representatives from a third party who has the right, to the Recipient’s knowledge, to disclose the information, or (iv) is or has been approved for release by a written authorization by the Presenter, or (v) is independently developed by the Recipient or its Representatives without use directly or indirectly of the Confidential Information received from the Presenter, provided that such independent development can be substantiated by written records and documents.
Exclusions from Definition. The term “
Exclusions from Definition. Confidential Information shall not include any information that the receiving party can show:
(i) was in the receiving party’s possession free of any obligation of confidentiality prior to receipt from the disclosing party;
(ii) is independently developed by the receiving party without access to or unauthorized use or disclosure of Confidential Information;
(iii) is or becomes publicly available through no breach of this Agreement by the receiving party;
(iv) is approved in writing by the disclosing party for public disclosure; or
(v) is received by the receiving party independently from a third party that is permitted to disclose such information generally.
Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the receiving party or which before being divulged by the receiving party (1) was generally known to the public through no wrongful act of the receiving party; (2) has been rightfully received by the receiving party from a third party without restriction on disclosure and without, to the knowledge of the receiving party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law.
Exclusions from Definition. The term "Information" as used herein does not include any data or information that: (a) is already known to a party at the time it is disclosed to such party; or (b) before being divulged by such party: (i) has become generally known to the public through no wrongful act of such party or its representatives; (ii) has been rightfully received by such party from a third party without restriction on disclosure and without a breach of an obligation of confidentiality running directly or indirectly to the other party; (iii) has been approved for release by a written authorization by the other party; or (iv) is independently developed by such party without use, directly or indirectly, of the Information received from the other party.
Exclusions from Definition. Confidential Information as used herein does not include any information which (i) is already known to the Recipient at the time it is disclosed to the Recipient, provided that such prior knowledge can be substantiated by written records and documents or (ii) is or has become generally known to the public through no wrongful act of the Recipient, (iii) information permitted to be disclosed by express written authority of a customer or customers, (iv) is obtained by the Recipient from a third party who has the right, to the best of the Recipient’s knowledge, to disclose the information, or (v) is required or permitted to be disclosed in order to facilitate electric supply aggregation pursuant to Illinois law.
Exclusions from Definition. The term "Information" as used herein does not include any data or information; (a) which is already known to the receiving party at the time it is disclosed to the receiving party; or (b) which before being divulged by the receiving party; (i) has become generally known to the public through no wrongful act of the receiving party; (ii) has been rightfully received by the receiving party from a third party without restriction on disclosure and without, to the knowledge of the receiving party, a breach of an obligation of confidentiality running directly or indirectly to the other party hereto; (iii) has been approved for release by a written authorization by the other party hereto; (iv) is required to be disclosed by operation of law pursuant to Section 6 PRIVATE/PROPRIETARY/LOCK below; or (v) is independently developed by the receiving party without use, directly or indirectly, of the Information received from the other party hereto.
Exclusions from Definition. The term "Information" as used herein ------------------------------- does not include any data or information (a) which is already known to the receiving Party at the time it is disclosed to the receiving Party, or (b)which before being divulged by the receiving Party (i) has become generally known to the public through no wrongful act of the receiving Party; (ii) has been rightfully received by the receiving Party from a third party without restriction on disclosure and without, to the knowledge of the receiving Party, a breach of an obligation of confidentiality running directly or indirectly to the Party; (iii) has, prior to release, been approved for release by a written authorization by the Party; (iv) has been disclosed pursuant to a requirement of a governmental agency or of law without similar restrictions or other protections against public disclosure, or is required to be disclosed by operation of law; (v) is independently developed by the receiving Party without use, directly or indirectly, of the Information received for the other Party; or (vi) is furnished to a third party by the disclosing Party without restrictions on the third party's right to disclose the information.
Exclusions from Definition. Confidential Information does not include information which (1) is or becomes publicly available through no act of Consultant in violation of this Agreement, (2) is approved for release by written authorization of Client, (3) is or becomes available to Consultant on a non-confidential basis (to Consultant’s actual knowledge at the time of receipt) prior to its disclosure by Client or its Representatives, or (4) was independently developed by Consultant without use of Client’s Confidential Information.
Exclusions from Definition. Confidential Information as used herein does not include any information that (i) is already known to the Recipient at the time it is disclosed to the Recipient, provided that such prior knowledge can be substantiated by written records and documents or (ii) is or has become generally known to the public through no wrongful act of the Recipient, (iii) information permitted to be disclosed by consent or authority of a customer or customers, or (iv) is obtained by the Recipient from a third party who has the right, to the best of the Recipient’s knowledge, to disclose the information.
