LIMITATION AND SURVIVAL OF OBLIGATIONS. The covenants and obligations undertaken by Anam pursuant to this Section 10.01 shall not apply to, and TI Confidential Information shall not include, any information which Anam can establish (i) was independently developed by Anam without any use of TI Confidential Information or by Anam's employees or other agents (or independent contractors hired by Anam) who have not been exposed to the TI Confidential Information; (ii) becomes known to Anam, without restriction, from a source other than TI that had a right to disclose it and without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of Anam; or (iv) was rightfully known to Anam, without restriction, at the time of disclosure.
Appears in 3 contracts
Samples: Technical Assistance Agreement (Amkor Technology Inc), Technical Assistance Agreement (Amkor Technology Inc), Technical Assistance Agreement (Amkor Technology Inc)
LIMITATION AND SURVIVAL OF OBLIGATIONS. The covenants and obligations undertaken by Anam TI pursuant to this Section 10.01 10.04 shall not apply to, and TI Anam Confidential Information shall not include, any information which Anam TI can establish (i) was independently developed by Anam TI without any use of TI Anam Confidential Information or by AnamTI's employees or other agents (or independent contractors hired by AnamTI) who have not been exposed to the TI Anam Confidential Information; (ii) becomes known to Anam, TI without restriction, from a source other than TI Anam that had a right to disclose it and without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of AnamTI; or (iv) was rightfully known to AnamTI, without restriction, at the time of disclosure.
Appears in 3 contracts
Samples: Technical Assistance Agreement (Amkor Technology Inc), Technical Assistance Agreement (Amkor Technology Inc), Technical Assistance Agreement (Amkor Technology Inc)