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. 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's CO #: SUBCONTRACTOR: Phone:
1) The Subcontract is changed as follows (describe):
2) Based on the Subcontract change above, the following adjustment(s) have been authorized and Subcontractor shall be entitled to: ❑Additional Time. Contractor has authorized the addition of day(s) to the Subcontract time, changing the Date of Substantial Completion to: , 20 ▪ Additional Compensation. Contractor has authorized the additional sum of $ to the Subcontract price. This Change Order includes all direct and indirect costs for such change including, but not limited to, labor, material, equipment, and normal xxxx-ups, plus any additional costs arising out of changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, home office overhead, acceleration, and/or impact costs. Subcontractor waives any and all rights to make claims for any other compensation or additional time relating to or arising out of this Change Order. Subcontractor shall sign and date this Change Order, make and retain a copy for its records and shall return the original Change Order bearing both signatures and dates back to Contractor. This Change Order is not valid unless signed by both Contractor and Subcontractor. CONTRACTOR SUBCONTRACTOR By: ____________________________________ By: ___________________________ Its: Its: Print Print name: name• Date: Date: PROJECT: Contractor's Contract #: Contractor's CCD #: SUBCONTRACTOR: Phone: Address: Subcontractor hereby is directed to make the following change(s) under the Subcontract: This document becomes effective immediately as a Construction Change Directive ("CCD") when signed by Contractor and received by Subcontractor, and Subcontractor shall proceed with the change(s) described above. Subcontractor shall submit any claim concerning additional compensation and/or additional time to complete such CCD in accordance with the claim procedures set forth in Article 13 of the Subcontract. Failure to provide timely any such notice in writing s...
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.
B. All Confidential Information developed by SP pursuant to this Agreement, excluding Elements of the Process which are generally known or have been used by SP prior to development of the Process shall be deemed to be Confidential Information of DAS disclosed by DAS to SP and exception (iii) above will not be applicable thereto.
C. Notwithstanding any limitations imposed by Section 11 of this Agreement, SP will have the full right to use and disclose such portions of the Confidential Information, including Confidential Information owned by DAS which relates to the Process [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Improvements, as are necessary to allow SP to fully exploit its licenses described in Section 12.3 of this Agreement.
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. The Confidential Information shall not include information that:
a) Is already known to Receiving Party as of the date of disclosure hereunder;
b) Is already in the possession of the public or becomes available to the public other than through the act or omission of Receiving Party;
c) 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
d) Is independently developed by Receiving Party from information not defined as “Confidential Information” as evidenced by Receiving Party’s written records.
Limitation on Confidentiality. Each of the undersigned parties agrees to comply with SECTION 14.11 of the Indenture. * * * * * *
Limitation on Confidentiality. The obligation of confidentiality imposed by this Section 17 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; (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. 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:
(i) At the time of its receipt is generally available to the public or thereafter becomes available to the public through no act or failure to act of the receiving party; or
(ii) Was independently known prior to receipt thereof as shown by written records, or thereafter is made available to such receiving party as a matter of lawful right by a third party who does not require that it be maintained confidential.
(iii) Is thereafter independently developed by the receiving party without use of or access to the Confidential Information of the disclosing party.
17.2.2 If any designated Confidential Information received by a party is believed to be exempt from the confidentiality obligation of Section 17.2.1, the receiving party shall notify the disclosing party in writing within ten (10) days of receipt and shall provide documentation substantiating the claim for exemption, failing which the purported exemption is waived and the confidentiality obligation of Section 17.2.1 shall continue to apply to such designated Confidential Information.
Limitation on Confidentiality. Company has no obligation under this Agreement with respect to Information that, other than by breach of this Agreement: (a) lawfully is currently in or hereafter comes into Company's possession without restriction on disclosure, (b) has been or hereafter is independently developed by Company without any use whatsoever of the Information, or (c) is currently in, or is subsequently released by BP into, the public domain.
Limitation on Confidentiality. Each of the undersigned parties agrees to comply with Section 14.11 of the Indenture.
