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.
Appears in 4 contracts
Samples: Marketing Agreement (Highwaymaster Communications Inc), Marketing Agreement (Highwaymaster Communications Inc), Marketing Agreement (Highwaymaster Communications Inc)
