Common use of Non-Disclosure of Shared Information Clause in Contracts

Non-Disclosure of Shared Information. As used herein, the term "INFORMATION" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY"), whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. The term Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidence; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidence. During the Term, the Disclosing Party may be supplying and/or disclosing Information relating to its business or operations. The Information will, during the Term of this Agreement, and for a period of two (2) years after the termination or expiration of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of this Agreement. The Receiving Party will be responsible for any improper use of the Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed herein, the Receiving Party will not disclose to any Person the Information, or the fact that the Information has been made available to it, except (i) for disclosures required by Law (or pursuant to judicial process), and (ii) for disclosures to the Receiving Party's Agents. Each person to whom Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this Section 15(b).

Non-Disclosure of Shared Information. As used herein, the term "INFORMATIONConfidential Information" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter, but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Confidential Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this Section 15(b)section.

Non-Disclosure of Shared Information. As used herein, the term "INFORMATIONConfidential Information" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Confidential Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this section. The provisions of this Section 15(b)11.15 and of Section 14 of the IUA represent the entire understanding and agreement of the Parties with respect to the subject matter hereof and thereof and supercede all prior oral or written agreements between the Parties with respect to such subject matter, including, without limitation, all non-disclosure agreements. [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.] Each Party has caused this Master Royalty and Use Agreement to be duly executed by its duly authorized officer or representative on the date first above written. CLEARWIRE SPECTRUM HOLDINGS II LLC By: /s/ R. Xxxxxx Xxxxxxx ------------------------------------ Name: R. Xxxxxx Xxxxxxx Title: EVP CLEARWIRE CORPORATION By: /s/ R. Xxxxxx Xxxxxxx ------------------------------------ Name: R. Xxxxxx Xxxxxxx Title: EVP LICENSEES CHICAGO INSTRUCTIONAL TECHNOLOGY FOUNDATION, INC. By: /s/ Xxxx X. Xxxxxxxx ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Pres. DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM, INC. By: /s/ Xxxx X. Xxxxxxxx ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Pres. INSTRUCTIONAL TELECOMMUNICATIONS FOUNDATION, INC. By: /s/ Xxxx X. Xxxxxxxx ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Pres. XXXXX XXXXXXXX CATHOLIC EDUCATIONAL PROGRAMMING FOUNDATION, INC. By: /s/ Xxxx Xxxxxxx ------------------------------------ Name: Xxxx Xxxxxxx Title: Pres. PORTLAND REGIONAL EDUCATIONAL TELECOMMUNICATIONS CORPORATION By: /s/ Xxxx X. Xxxxxxxx ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Pres. TWIN CITIES SCHOOLS' TELECOMMUNICATIONS GROUP, INC. By: /s/ Xxxx X. Xxxxxxxx ------------------------------------ Name: Xxxx X. Xxxxxxxx Title: Pres. EXHIBIT I DEFINITIONS AND INTERPRETATION EXHIBIT I DEFINITIONS AND INTERPRETATIONS

Non-Disclosure of Shared Information. As used herein, the term "CONFIDENTIAL INFORMATION" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter, but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this Section 15(b).Each

Non-Disclosure of Shared Information. As used herein, the term "INFORMATIONConfidential Information" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices [*** Confidential Treatment Requested] should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter, but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Confidential Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this section. The provisions of this Section 15(b)10.14 and of the confidentiality provisions of the IUA represent the entire understanding and agreement of the Parties with respect to the subject matter hereof and thereof and supercede all prior oral or written agreements between the Parties with respect to such subject matter, including, without limitation, all non-disclosure agreements. [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.] Each Party has caused this Master Royalty and Use Agreement to be duly executed by its duly authorized officer or representative on the date first above written. CLEARWIRE SPECTRUM HOLDINGS II LLC By: /s/ R. Xxxxxx Xxxxxxx ------------------------------------ Name: R. Xxxxxx Xxxxxxx Title: E. VP HISPANIC INFORMATION AND TELECOMMUNICATIONS NETWORK, INC. By: /s/ Xxxx Xxxx Xxxxxxxxx ------------------------------------ Name: Xxxx Xxxx Xxxxxxxxx Title: President and CEO EXHIBIT I DEFINITIONS AND INTERPRETATIONS

Non-Disclosure of Shared Information. As used herein, the term "INFORMATIONConfidential Information" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Confidential Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this section. The provisions of this Section 15(b)11.15 and of Section 14 of the IUA represent the entire understanding and agreement of the Parties with respect to the subject matter hereof and thereof and supercede all prior oral or written agreements between the Parties with respect to such subject matter, including, without limitation, all non-disclosure agreements. [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.] <PAGE> Each Party has caused this Master Royalty and Use Agreement to be duly executed by its duly authorized officer or representative on the date first above written. CLEARWIRE SPECTRUM HOLDINGS II LLC By: /s/ R. Xxxxxx Xxxxxxx Name: R. Xxxxxx Xxxxxxx Title: EVP CLEARWIRE CORPORATION By: /s/ R. Xxxxxx Xxxxxxx Name: R. Xxxxxx Xxxxxxx Title: EVP LICENSEES CHICAGO INSTRUCTIONAL TECHNOLOGY FOUNDATION, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Pres. DENVER AREA EDUCATIONAL TELECOMMUNICATIONS CONSORTIUM, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Pres. INSTRUCTIONAL TELECOMMUNICATIONS FOUNDATION, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Pres. <PAGE> NORTH AMERICAN CATHOLIC EDUCATIONAL PROGRAMMING FOUNDATION, INC. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Pres. PORTLAND REGIONAL EDUCATIONAL TELECOMMUNICATIONS CORPORATION By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Pres. TWIN CITIES SCHOOLS' TELECOMMUNICATIONS GROUP, INC. By: /s/ Xxxx X. Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Pres. <PAGE> EXHIBIT I DEFINITIONS AND INTERPRETATION <PAGE> EXHIBIT I DEFINITIONS AND INTERPRETATIONS

Non-Disclosure of Shared Information. As used herein, the term "INFORMATIONConfidential Information" shall mean all non-public information disclosed by a Party hereunder (in this context, the "DISCLOSING PARTY") to the other Party and its Agents (collectively, in this context, the "RECEIVING PARTY")hereunder, whether written or oral, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably is plainly confidential or by the Parties' practices should be considered as understood to be confidential. The term Confidential Information does not include information which: (1) has been or becomes published or is now, or in the future, in the public domain without breach of this Agreement by the Receiving Party or breach of a similar agreement by a third party; (2) prior to disclosure hereunder, is property within the legitimate possession of the Receiving Party which can be verified by independent evidencereceiving Party; (3) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of third party's or the Receiving receiving Party's rights to disseminate the information and without notice of any restriction against its further disclosure; or (4) is independently developed by the Receiving receiving Party through persons who have not had, either directly or indirectly, access to or knowledge of such Information which can be verified by independent evidenceConfidential Information. During the Term, the Disclosing Party Parties may be supplying supply and/or disclosing disclose to each other Confidential Information relating to its the business or operationsof the other Party. The Each item of Confidential Information will, will be kept confidential by the Parties during the Term of this Agreement, and for a period of two three (23) years after thereafter, but may be disclosed in the termination enforcement or expiration seeking of the Agreement, be kept confidential by the Receiving Party and not used for any purpose other than implementing the terms of damages with respect to a Party's rights under this Agreement. The Receiving receiving Party will be responsible for any improper use of the Confidential Information by it or any of its Agents. Without the prior written consent of the Disclosing Party and except as allowed hereindisclosing Party, the Receiving receiving Party will not disclose to any Person entity or person the Confidential Information, or the fact that the Confidential Information has been made available to it, except (i) for disclosures required by Law (law, disclosures authorized by the Party owning the Confidential Information and disclosures made in the context of the enforcement or pursuant seeking of damages with respect to judicial process), and (ii) for disclosures to the Receiving a Party's Agentsrights under this Agreement. Each person to whom Confidential Information is disclosed must be advised of its confidential nature and must agree to abide by the terms of this section. The provisions of this Section 15(b)10.14 and of the confidentiality provisions of the IUA represent the entire understanding and agreement of the Parties with respect to the subject matter hereof and thereof and supercede all prior oral or written agreements between the Parties with respect to such subject matter, including, without limitation, all non-disclosure agreements. [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.] Each Party has caused this Master Royalty and Use Agreement to be duly executed by its duly authorized officer or representative on the date first above written. CLEARWIRE SPECTRUM HOLDINGS II LLC By: /s/ R. Xxxxxx Xxxxxxx ------------------------------------ Name: R. Xxxxxx Xxxxxxx Title: E. VP HISPANIC INFORMATION AND TELECOMMUNICATIONS NETWORK, INC. By: /s/ Xxxx Xxxx Xxxxxxxxx ------------------------------------ Name: Xxxx Xxxx Xxxxxxxxx Title: President and CEO EXHIBIT I DEFINITIONS AND INTERPRETATIONS