Information Not Covered. Notwithstanding the foregoing, the parties agree that Supplier’s obligations with respect to handling, disclosing, reproducing and using such Proprietary Information are not applicable to any portion(s) of the Proprietary Information which: (a) is or becomes generally available to the public other than as a result of disclosure by Supplier or Supplier’s Representatives; (b) was available on a non-confidential basis prior to its disclosure to Supplier and Supplier can verify such availability by written documentation; (c) is or becomes available to Supplier on a non-confidential basis from a source other than the Company when such source is not, to the best of the Supplier’s knowledge, subject to a confidentiality obligation with the Company, or (d) was independently developed by Supplier or Supplier’s Personnel, without reference to the Proprietary Information, and Supplier can verify the development of such information by written documentation.
Information Not Covered. The foregoing shall not apply, and there shall be no obligation upon the Receiving Party, to that part of any Confidential Information that:
(a) is disclosed by the Disclosing Party without restriction on further dissemination or is otherwise disclosed by the Receiving Party in compliance with the terms of the Disclosing Party’s prior written approval; or
(b) at the time of receipt by the Receiving Party was independently known or developed by the Receiving Party, or becomes independently known to the Receiving Party thereafter, and can be so documented by written records; or
(c) at any time becomes generally known to the public or otherwise publicly available through no fault of Receiving Party; or
(d) has been or is made available to Receiving Party by a third party having the lawful right to do so without breaching any obligation of nonuse or confidentiality to Disclosing Party; or
(e) the Receiving Party is required to disclose pursuant to an order of a judicial or administrative authority, or to comply with applicable laws or regulations, , provided that the Receiving Party (i) promptly notifies the Disclosing Party, and (ii) cooperates reasonably with the Disclosing Party’s efforts to contest or limit the scope of such disclosure.
Information Not Covered. This Agreement imposes no obligation upon Recipient with respect to information that: (a) does not fall within the scope of Confidential Information described in paragraph 4, or 5; (b) was rightfully in Recipient's possession in tangible form before receipt from Discloser; (c) is or becomes a matter of public knowledge through no fault of the Recipient; (d) is rightfully received by the Recipient from a third party without duty of confidentiality; (e) is independently developed by employees, affiliates or agents of the Recipient without access to Confidential Information of the other party; or (f) is disclosed by Recipient with the Discloser's prior written approval.
Information Not Covered. A receiving party has no obligation with respect to any information which: (A) was lawfully known by the receiving party before receipt of it from the disclosing party; (B) is or becomes generally known to the public through no wrongful act or omission of the receiving party; (C) is rightfully provided to the receiving party by a third party, without restriction on disclosure or use; (D) is independently developed by personnel of the receiving party, without breach of the obligations of confidentiality set forth in this Agreement; (E) is explicitly approved for release by written authorization of the disclosing party, but only to the extent of and subject to such conditions as may be imposed in such written authorization; or (F) is made available by the disclosing party to a third party, without restriction concerning use or disclosure and not in violation of any confidentiality agreement.
Information Not Covered. This Agreement imposes no obligation upon Recipient with respect to information that: (a) does not fall within the scope of paragraph 4 or 5; (b) was in Recipient's possession in tangible form before receipt from Discloser; (c) becomes a matter of public knowledge through no fault of Recipient; (d) is rightfully received by the Recipient from a third party without duty of confidentiality: or (e) is independently developed by Recipient.
Information Not Covered. It is agreed by Company and Recipient that information shall not be deemed Proprietary Information in the event:
3.1 it is publicly available and known prior to the date of the Agreement or becomes publicly available thereafter through no wrongful act of Recipient;
3.2 it was known to Recipient prior to the date of disclosure or becomes known to Recipient thereafter from a third party who, to the best of Recipient’s knowledge, has no obligation to Company to keep such information confidential;
3.3 was authorized by Company to be disclosed by Recipient;
Information Not Covered. It is agreed by SpectraScience and General that information shall not be deemed Proprietary Information in the event:
(a) it is publicly available prior to the date of the Agreement or becomes publicly available thereafter through no wrongful act of General;
(b) it was known to General prior to the date of disclosure or becomes known to General thereafter from a third party having an apparent bona fide right to disclose the information;
(c) it is disclosed by General in accordance with the terms of the SpectraScience's prior written approval;
(d) it is disclosed by SpectraScience without restriction on further disclosure;
(e) it is independently developed by General; or
(f) General is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative or Congressional subpoena, provided that General (a) promptly notifies the SpectraScience and (b) cooperates reasonably with the SpectraScience's efforts to contest or limit the scope of such order
Information Not Covered. Notwithstanding Section 7(a)(i), the Receiving Party’s obligations with respect to the Disclosing Party’s Proprietary Information are not applicable to Proprietary Information which: (1) is in the public domain; (2) is subsequently developed by a Receiving Party’s employees who have no knowledge of or access to the Disclosing Party’s Proprietary Information; or (3) is disclosed to the Receiving Party by a third party having a bona fide right to do so without breach of this Agreement. Proprietary Information is not deemed to be available to the public or known to a Party merely because it was embraced by a general disclosure or derived from combinations of disclosures generally available to the public or known to SQL or the Company.
Information Not Covered. Notwithstanding the foregoing, the parties agree that Recipient’s obligations with respect to handling, disclosing, reproducing and using such Proprietary Information are not applicable to any portion(s) of the Proprietary Information which: (a) is or becomes generally available to the public other than as a result of disclosure by Recipient; (b) was available on a non-confidential basis prior to its disclosure to Recipient and Recipient can verify such availability by written documentation; (c) is or becomes available to Recipient on a non-confidential basis from a source other than Discloser when such source is not, to the best of Recipient’s knowledge after due inquiry, subject to a confidentiality obligation with respect to such information, or (d) was independently developed by Recipient, without reference to the Proprietary Information, and Recipient can verify the development of such information by written documentation.
Information Not Covered. It is agreed by NYMOX and GENERAL that information shall not be deemed Proprietary Information in the event:
(a) it is publicly available prior to the date of the Agreement or becomes publicly available thereafter through no wrongful act of GENERAL;
(b) it was known to GENERAL prior to the date of disclosure or becomes known to GENERAL thereafter from a third party having an apparent bona fide right to disclose the information;
(c) it is disclosed by GENERAL in accordance with the terms of NYMOX's prior written approval;
(d) it is disclosed by NYMOX without restriction on further disclosure;
(e) it is independently developed by GENERAL; or
(f) GENERAL is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative or Congressional subpoena, provided that GENERAL (a) promptly notifies NYMOX and (b) cooperates reasonably with NYMOX's efforts to contest or limit the scope of such order. APPENDIX D PATENT RIGHTS [this page blank at execution of this Agreement] APPENDIX E The following PATENT RIGHTS which shall be deemed to be "PATENT RIGHTS filed by mutual agreement" in accordance with Article 5:
(i) the United States Patent Application Serial No. 07/287,207 filed December 20, 1988 entitled "Method of Detecting Neurological Disease or Dysfunction," (ii) the United States CIP Patent Application Serial No. 07/451,975 filed on December 20, 1989, (iii) the United States Patent Application Serial Number 08/055,778 filed May 3, 1993 as a file wrapper continuation, and, (iv) the United States Patent Application Serial Number to be assigned, filed June 6, 1995 as a divisional application;
2. (i) the United States Patent Application Serial No. 08/050,559 filed on April 20, 1993 entitled "Neural Thread Protein Gene Expression and Detection of Alzheimer's Disease, " (ii) the United States CIP Patent Application Serial No. 08/230,139 filed on April 20, 1994, (iii) the United States CIP Patent Application 08/340,426 filed on November 14, 1994, (iv) the United States Patent Application Serial No. 08/454,557 filed on May 30, 1995 as a divisional application, and (v) the United States Patent Application Serial No. 08/450,673 filed on May 30, 1995 as a divisional application; and
