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.
Appears in 8 contracts
Samples: Non Disclosure Agreement, Non Disclosure Agreement, Non Disclosure Agreement
