Non-Confidential Information. The obligations set forth in Section 6.1 shall not apply to any particular portion of any Confidential Information that: (i) row or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization, Agreement and Plan of Reorganization (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Non-Confidential Information. The obligations set forth in Section 6.1 shall not apply to any particular portion of any Confidential Information that: (i) row or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.. 8 ARTICLE VII MISCELLANEOUS 8
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Non-Confidential Information. The obligations set forth in Section 6.1 10.1 shall not apply to any particular portion of any Confidential Information to the extent that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) was or is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party third party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party third party without restriction on disclosure; or (v) is independently developed by the Receiving Party, Party and as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 1 contract
Non-Confidential Information. The obligations set forth in Section 6.1 ---------------------------- shall not apply to any particular portion of any Confidential Information that: (i) row or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 1 contract
Non-Confidential Information. The obligations set forth in Section 6.1 8.1 shall not apply to any particular portion of any Confidential Information to the extent that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Partyparty; (ii) was or is known to the Receiving Party at the time of receipt of the same from the Disclosing Partyparty; (iii) is provided by the Disclosing Party party to a Third Party third party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party party by a Third Party third party without restriction on disclosure; or (v) is independently developed by the Receiving Party, party and as can be demonstrated from the Receiving Partyparty's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party party prior to such independent development.
Appears in 1 contract
Samples: Exclusive Patent License Agreement (Tamarack Ventures Inc)
Non-Confidential Information. The obligations set forth in Section 6.1 7.6 shall not apply to any particular portion of any Confidential Information that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 1 contract
Non-Confidential Information. The obligations set forth in Section 6.1 11.1 shall not apply to any particular portion of any Confidential Information that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 1 contract
Non-Confidential Information. The obligations set forth in Section 6.1 shall not apply to any particular portion of any Confidential Information that: (i) row or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.. 8
Appears in 1 contract
Samples: Agreement and Plan of Reorganization
Non-Confidential Information. The obligations set forth in Section 6.1 10.1 shall not apply to any particular portion of any Confidential Information to the extent that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Partyparty; (ii) was or is known to the Receiving Party at the time of receipt of the same from the Disclosing Partyparty; (iii) is provided by the Disclosing Party party to a Third Party third party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party party by a Third Party third party without restriction on disclosure; or (v) is independently developed by the Receiving Party, party and as can be demonstrated from the Receiving Partyparty's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party party prior to such independent development.
Appears in 1 contract
Samples: Technology License Agreement (Path 1 Network Technologies Inc)
Non-Confidential Information. The obligations set forth in Section 6.1 9.1 shall not apply to any particular portion of any Confidential Information that: (i) row now or subsequently becomes generally known or available through no act or omission of the Receiving Party; (ii) is known to the Receiving Party at the time of receipt of the same from the Disclosing Party; (iii) is provided by the Disclosing Party to a Third Party without restriction on disclosure; (iv) is subsequently rightfully provided to the Receiving Party by a Third Party without restriction on disclosure; or (v) is independently developed by the Receiving Party, as can be demonstrated from the Receiving Party's business records and documentation, provided the person or persons developing the same had not had access to the Confidential Information of the Disclosing Party prior to such independent development.
Appears in 1 contract
Samples: Operating Agreement (Netratings Inc)