Information Not Subject to Confidentiality. The obligations set forth in this Agreement shall not in any way restrict or impair the right of the Receiving Party, to the extent permitted by law (such as privacy laws), to disclose or use in any way information which the Receiving Party can demonstrate:
i. was in the knowledge, possession or control of the Receiving Party prior to its disclosure by the Disclosing Party;
ii. was generally available to the public prior to disclosure by the Disclosing Party, or becomes generally available to the public through no fault of the Receiving Party;
iii. is developed independently by the Receiving Party as a result of the operations or activities of the Receiving Party, but only to the extent such information does not include or incorporate other Confidential Information; or
iv. is obtained from a source other than the Disclosing Party without breach of any confidentiality obligation.
Information Not Subject to Confidentiality. The Confidential Information of a party shall not include and the foregoing obligations shall not apply to information or data which: (i) was generally available to the public at the time of receipt from the disclosing party, or thereafter to have become generally available to the public; (ii) is known to the receiving party on a non-confidential basis prior to its receipt from the disclosing party; (iii) disclosed with the prior written consent of the disclosing party; (iv) becomes known to the receiving party from a source other than the disclosing party without breach of this Agreement by the receiving party; (v) was required to be disclosed pursuant to law; (vi) developed independently by personnel of the receiving party who had no substantive knowledge of the disclosing party's Confidential Information at the time of such independent development.
Information Not Subject to Confidentiality. Confidential Bidder Information shall not include, and the obligations herein shall not apply to, information or data that is: (i) commonly known by the general public; (ii) disclosed with the bidder’s and UW's prior written consent; or (iii) required to be disclosed pursuant to law.
Information Not Subject to Confidentiality. The obligations set forth above shall not in any way restrict or impair the right of any party, to the extent permitted by law, to disclose the following: information which at the time of disclosure has been published or is otherwise in the public domain; information which, after disclosure, becomes part of the public domain other than through a breach of this Agreement; information which was known to the recipient prior to receipt from the disclosing party, provided such prior knowledge can be adequately substantiated; information which becomes known to the receiving party from a source which legally derives such information independently of the disclosing party under this Agreement; information which the receiving party can demonstrate that it developed without reference to any Confidential Information provided pursuant to this Agreement; information which is freely disclosed by the owner of the Confidential Information to a third party without an obligation of confidentiality or nondisclosure; or, information which is disclosed pursuant to law, regulation or lawful order or process. In such event, the party from whom disclosure is required shall promptly notify the owner of the Confidential Information of the disclosure requirement, to permit the owner to oppose or limit such disclosure. Confidential Information may be used only as provided herein. No other right, immunity or license to the Confidential Information, either expressed or implied, is granted by any party to any other party pursuant to this Agreement under any patent, patent application, copyright, trademark or other intellectual property right, now or hereafter owned or controlled by any party. This Agreement shall terminate two (2) years from its effective date, but may be terminated by any party giving thirty (30) days’ written notice to the other parties. Termination, however, shall not affect the rights and obligations arising under this Agreement with respect to Confidential Information disclosed prior to termination, including without limitation the seven (7) year confidentiality period set forth herein. Unless otherwise agreed to in writing, no party shall have any obligations of confidentiality under this Agreement after seven (7) years from the date of disclosure, provided that with respect to any trade secret information, a receiving party’s obligation of confidentiality shall last as long as such information remains a trade secret.
Information Not Subject to Confidentiality. The obligations set forth above shall not in any way restrict or impair the right of either party, to the extent permitted by law, to disclose the following:
(a) information which at the time of disclosure has been published or is otherwise in the public domain;
(b) information which, after disclosure, becomes part of the public domain other than through a breach of this Agreement;
(c) information which was known to the Recipient prior to receipt from the Disclosing Party, provided such prior knowledge can be adequately substantiated;
(d) information which becomes known to the Recipient from a source which legally derives such information independently of the Disclosing Party under this Agreement;
(e) information which the Recipient can demonstrate that it developed without reference to any Confidential Information provided pursuant to this Agreement;
(f) information which is freely disclosed by the owner of the Confidential Information to a third party without an obligation of confidentiality or nondisclosure; or,
(g) information which is disclosed pursuant to law, regulation or lawful order or process. In such event, the party from whom disclosure is required shall promptly notify the owner of the Confidential Information of the disclosure requirement, to permit the owner to oppose or limit such disclosure.
Information Not Subject to Confidentiality. The obligations set forth above shall not in any way restrict or impair the right of either party, to the extent permitted by law, to disclose the following:
a) information which at the time of disclosure has been published by the owner thereof or is otherwise in the public domain; or
b) information which is required to be disclosed pursuant to law, regulation or lawful order or process. In such event, the party from whom disclosure is required shall promptly notify the owner of the Confidential Information of the disclosure requirement, to permit the owner to oppose or limit such disclosure.
