Limitation on Obligation. Seller and Purchasing Partners shall have no obligation concerning any portion of the Confidential Information which: (a) was known to it before receipt, directly or indirectly, from the disclosing party; (b) is lawfully obtained, directly or indirectly, by it from a non-party which was under no obligation of confidentiality; (c) is or becomes publicly available other than as a result of an act or failure to act by the receiving party; (d) is required to be disclosed by the receiving party by applicable law or legal process; or (e) is developed by the receiving party independent of the Confidential Information disclosed by the disclosing party. The receiving party shall not disclose any portion of the Confidential Information to any person except those of its employees and affiliates having a need to know such portion to accomplish the purposes contemplated by this Agreement.
Appears in 3 contracts
Samples: Purchasing Agreement, Group Purchasing Agreement (Masimo Corp), Purchasing Agreement (Horizon Medical Products Inc)
Limitation on Obligation. Seller and Purchasing Partners Neither BCH nor Contractor shall have no an obligation concerning any portion of the Confidential Information whichthat: (ai) was known to it before receipt, directly or indirectly, from the disclosing partyParty; (bii) is lawfully obtained, directly or indirectly, by it from a non-third party which that was under no obligation of confidentiality; (ciii) is or becomes publicly available other than as a result of an act or failure to act by the receiving partyParty; (div) is required to be disclosed by the receiving party Party by applicable law or legal process; or (ev) is developed by the receiving party Party independent of the Confidential Information disclosed by the disclosing partyParty. The receiving party Party shall not disclose any portion of the Confidential Information to any person except those of its employees and affiliates having a need to know such portion to accomplish the purposes contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement
Limitation on Obligation. Seller and Purchasing Partners Neither party shall have no any obligation concerning any portion of the Confidential Information which: (a) was known to it before receipt, directly or indirectly, from the disclosing partyparty without obligation of confidentiality; (b) is lawfully obtained, directly or indirectly, by it from a non-party which was under no obligation of confidentiality; (c) is or becomes publicly available other than as a result of an act or failure to act by the receiving party; (d) is required to be disclosed by the receiving party by applicable law or legal process; or (e) is developed by the receiving party independent of the Confidential Information disclosed by the disclosing party. The receiving party shall not disclose any portion of the Confidential Information to any person except those of its employees and affiliates having a need to know such portion to accomplish the purposes contemplated by this Agreement.
Appears in 1 contract
Samples: Confidentiality Agreement
Limitation on Obligation. Seller and Purchasing Partners shall have no ------------------------ obligation concerning any portion of the Confidential Information which: (a) was known to it before receipt, directly or indirectly, from the disclosing party; (b) is lawfully obtained, directly or indirectly, by it from a non-party which was under no obligation of confidentiality; (c) is or becomes publicly available other than as a result of an act or failure to act by the receiving party; (d) is required to be disclosed by the receiving party by applicable law or legal process; or (e) is developed by the receiving party independent of the Confidential Information disclosed by the disclosing party. The receiving party shall not disclose any portion of the Confidential Information to any person except those of its employees and affiliates having a need to know such portion to accomplish the purposes contemplated by this Agreement.
Appears in 1 contract
Samples: Corporate Agreement (American Pharmaceutical Partners Inc /Ca/)