Limitation on Confidentiality. The parties will have no confidentiality obligation under Section 9.1 hereof with respect to any information or matter specified therein that (i) is or becomes generally available to the public other than as a result of disclosure by the receiving party or anyone to whom it transmits the information; (ii) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party who is not bound by a confidentiality agreement with the disclosing party or other legal or fiduciary obligation of secrecy; (iii) the receiving party can document was known to it or in its possession on a non-confidential basis prior to the date of disclosure by the disclosing party; (iv) is independently developed by the receiving party without use of, or reference to, the Confidential Information, as demonstrated by tangible evidence; or (v) is furnished by the disclosing party to others with written confirmation that such information is not confidential and may be disclosed. Any party claiming an exception to Section 8.1 hereof under this Section 8.2 will have the burden of proving the basis for the exception.
Limitation on Confidentiality. A. The obligation of confidentiality imposed by this Section 11 will not apply to the extent that (i) the Receiving Party is required to disclose information by applicable law, regulation or order of a governmental agency or a court of competent jurisdiction, subject to the conditions of Section 11.04; (ii) the Receiving Party can demonstrate that the disclosed information was at the time of disclosure already in the public domain, other than as a result of actions or failure to act of the Receiving Party or its Representatives in violation of this Agreement; (iii) the disclosed information was rightfully known by the Receiving Party (as shown by its written records) prior to the date of disclosure to the Receiving Party in connection with the transactions contemplated by this Agreement; or (iv) the disclosed information was received by the Receiving Party on an unrestricted basis from a source which is not under duty of confidentiality to the Disclosing Party.
Limitation on Confidentiality. Recipient has no obligation under this Agreement with regard to the Confidential Information that, other than by breach of this Agreement: (i) is or becomes available to the public other than as a result of an unauthorized disclosure by the Recipient or its Representatives, (ii) is in possession of the Recipient prior to disclosure by Company, or (iii) is disclosed by a court or governmental entity during bona fide legal proceedings.
Limitation on Confidentiality. Notwithstanding anything to the contrary contained herein, Contractor does not prohibit or restrict its employees or subcontractors from lawfully reporting waste, fraud or abuse or any other violation of law to a designated investigative or law enforcement representative of a Federal or State department or agency authorized to receive such information, and no provision in any agreement or policy of Contractor shall prohibit an employee or subcontractor from making such a report. XXXXXX & XXXXXX, INC. (CONTRACTOR) (SUBCONTRACTOR) By: By: Its: Its: Print Print name: name: Date: Date: EXHIBITS Exhibit C - Time and Material Rates and/or Unit Prices Exhibit D - Change Order Exhibit E - Construction Change Directive Exhibit F - Insurance Requirements EXHIBIT A SCOPE OF WORK EXHIBIT B SCHEDULE EXHIBIT C TIME AND MATERIAL RATES / UNIT PRICES 14 EXHIBIT D CHANGE ORDER PROJECT: Contractor's Contract #: Contractor's CO #: SUBCONTRACTOR: Phone: Address: F a x :
Limitation on Confidentiality. Notwithstanding anything to the contrary contained herein, Contractor does not prohibit or restrict its employees or subcontractors from lawfully reporting waste, fraud or abuse or any other violation of law to a designated investigative or law enforcement representative of a Federal or State department or agency authorized to receive such information, and no provision in any agreement or policy of Contractor shall prohibit an employee or subcontractor from making such a report. (CONTRACTOR) (SUBCONTRACTOR) By: By: Its: Its: Print Print name: name: Date: Date: EXHIBITS Exhibit C - Time and Material Rates and/or Unit Prices Exhibit D - Change Order Exhibit E - Construction Change Directive Exhibit F - Insurance Requirements EXHIBIT A SCOPE OF WORK EXHIBIT B SCHEDULE EXHIBIT C TIME AND MATERIAL RATES / UNIT PRICES 14 EXHIBIT D CHANGE ORDER PROJECT: Contractor's Contract #: Contractor's CO #: SUBCONTRACTOR: Phone: Address: F a x :
Limitation on Confidentiality. The Confidential Information shall not include information that: Is already known to Receiving Party as of the date of disclosure hereunder; Is already in the possession of the public or becomes available to the public other than through the act or omission of Receiving Party; Is acquired independently on a non-confidential basis from a third party that represents that it has the right to disseminate such information at the time it is acquired by Receiving Party; or Is independently developed by Receiving Party from information not defined as “Confidential Information” as evidenced by Receiving Party’s written records.
Limitation on Confidentiality. The Confidential Information shall not include information that:
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Limitation on Confidentiality. Notwithstanding anything in this Agreement to the contrary, the Purchaser, the Company, and the Seller (and each employee representative, or other agent of the taxpayer) may disclose to any and all Persons, without limitation of any kind, the tax treatment and tax structure of the transaction and all materials of any kind (including opinions or other tax analyses) that are provided to the Purchaser or the Seller relating to such tax treatment and tax structure except to the extent necessary to comply with any applicable federal or state securities laws; provided, however, that such disclosure may not be made until the earlier of date of the public announcement of discussions relating to the transaction, the date of the public announcement of the transaction, or the date of the execution of an agreement to enter into the transaction. This authorization is not intended to permit disclosure of any other information that is otherwise confidential including, to the extent confidential, (i) any portion of any materials to the extent not related to the Tax treatment or Tax structure of the transaction, (ii) the identities of participants or potential participants in the transaction, (iii) the existence or status of any negotiations, (iv) any pricing or financial information (except to the extent such pricing or financial information is related to the Tax treatment or Tax structure of the transaction), or (v) any other term or detail not relevant to the Tax treatment or the Tax structure of the transaction.
Limitation on Confidentiality. 17.2.1 Subject to Section 17.2.2, nothing contained herein will in any way restrict or impair either party's right to use, disclose, or otherwise deal with any Confidential Information which:
