Loss of Status. Notwithstanding anything to the contrary contained in this Agreement, Contractor shall not be obligated to treat as confidential and proprietary any information disclosed which: a. is or becomes publicly available without breach of this Agreement by Contractor; b. is rightfully obtained by Contractor without any restriction from third parties not under any obligation of confidentiality; c. is compelled by law to be released by Contractor in response to a subpoena, court order or other legal process and is not subject to a protective order or other standard of confidentiality; provided, that if disclosure is purportedly compelled by law to be released, Contractor shall promptly inform PwC and, prior to disclosure, shall take, at the expense of PwC, all reasonable, legal steps to oppose such disclosure; and provided that disclosure may be made only to the extent expressly required under such subpoena, court order or other legal process; or d. is rightfully known to Contractor (as evidenced by Contractor’s files), without obligation of confidentiality or is developed by Contractor without reliance on Proprietary Information.
Appears in 12 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement
Loss of Status. Notwithstanding anything to the contrary contained in this Agreement, Contractor shall not be obligated to treat as confidential and proprietary any information disclosed which:
a. is or becomes publicly available without breach of this Agreement by Contractor;
b. is rightfully obtained by Contractor without any restriction from third parties not under any obligation of confidentiality;
c. is compelled by law to be released by Contractor in response to a subpoena, court order or other legal process and is not subject to a protective order or other standard of confidentiality; provided, that if disclosure is purportedly compelled by law to be released, Contractor shall promptly inform PwC Wolters Kluwer and, prior to disclosure, shall take, at the expense of PwCWolters Kluwer, all reasonable, legal steps to oppose such disclosure; and provided that disclosure may be made only to the extent expressly required under such subpoena, court order or other legal process; or
d. is rightfully known to Contractor (as evidenced by Contractor’s files), without obligation of confidentiality or is developed by Contractor without reliance on Proprietary Information.
Appears in 7 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement
Loss of Status. Notwithstanding anything to the contrary contained in this Agreement, Contractor shall not be obligated to treat as confidential and proprietary any information disclosed which:
a. is or becomes publicly available without breach of this Agreement by Contractor;
b. is rightfully obtained by Contractor without any restriction from third parties not under any obligation of confidentiality;
c. is compelled by law to be released by Contractor in response to a subpoena, court order or other legal process and is not subject to a protective order or other standard of confidentiality; provided, that if disclosure is purportedly compelled by law to be released, Contractor shall promptly inform PwC Wolters Kluwer and, prior to disclosure, shall take, at the expense of PwCWolters Kluwer, all reasonable, legal steps to oppose such disclosure; and provided that disclosure may be made only to the extent expressly required under such subpoena, court order or other legal process; or
d. is rightfully known to Contractor (as evidenced by Contractor’s 's files), without obligation of confidentiality or is developed by Contractor without reliance on Proprietary Information.
Appears in 5 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Confidentiality Agreement