Common use of Meaning of Confidential Information Clause in Contracts

Meaning of Confidential Information. (a) Subject to paragraphs (b) and (c), Confidential Information is: (i) information exchanged in any form via the ELN that: (A) is made available by or on behalf of a party to the other party; or (B) relates to the business, assets or affairs of a party and is obtained by or on behalf of the other party, whether made available or obtained directly or indirectly, or before on or after the date of this Participation Agreement; and (ii) is by its nature confidential or the receiving party knows, or ought to know, is confidential. (b) For the avoidance of doubt, and subject to paragraph (c), Confidential Information: (i) includes information which is designated by either party as confidential at or before the time the information is made available; and (ii) may include (without limitation) information relating to the personnel, policies, business strategies, customers, products or services, contractual or commercial dealings of either party. (c) Confidential Information does not include information that: (i) is in or enters the public domain through no fault of the receiving party or any of its officers, employees or agents; (ii) is or was made available to the receiving party by a person (other than the disclosing party) who is not or was not then under an obligation of confidence to the disclosing party in relation to that information; (iii) is or was developed by the receiving party independently of the disclosing party and any of its officers, employees or agents; or (iv) was known by the receiving party prior to its disclosure to that party.