Nonconfidential Information Clause Samples
Nonconfidential Information. Notwithstanding anything to the contrary herein, Receiving Party shall have no obligation to preserve the confidentiality of any Confidential Information which:
(1) is or becomes publicly known (other than through unauthorized disclosure by the Disclosing Party) and is available to Receiving Party without use of or reference to any of Disclosing Party’s Confidential Information;
(2) at the time of disclosure to Receiving Party, is already in the possession of or known to Receiving Party and is available to Receiving Party without use of or reference to any of Disclosing Party’s Confidential Information and is not subject to any other confidentiality undertaking;
(3) is disclosed to Receiving Party by any person or entity other than Disclosing Party and is available to Receiving Party without use of or reference to any of Disclosing Party’s Confidential Information and is not subject to any other confidentiality undertaking; or
(4) is developed by Receiving Party without use of or reference to any Confidential Information or any other information subject to a confidentiality undertaking. The foregoing exceptions shall not apply to Personal Information.
Nonconfidential Information. This Section 12.3 shall be --------------------------- inoperative as to any portion of the Information which: (1) is or becomes generally available to the public other than as a result of a disclosure by a party or its representatives; (2) becomes available to a party in good faith from a third-party no subject to a confidential obligation to the party; or (3) was known to a party on a nonconfidential basis prior to its disclosure by the other party or one of its representatives.
Nonconfidential Information. Upon request of the Association, the Board shall provide copies of prepared, nonconfidential information and reports.
Nonconfidential Information. Confidential Information shall not include information which (i) at the time of disclosure is readily available in the public domain, or thereafter becomes publicly available other than through a breach of this Agreement; (ii) was already known to Recipient prior to its disclosure by SIBIA as documented in Recipient's written records made prior to such disclosure by SIBIA; (iii) is disclosed to Recipient by a third party who has the right to disclose such information and does not restrict its disclosure; (iv) is independently developed by an employee or agent of Recipient without knowledge of SIBIA's Confidential Information; or (v) is required by law to be disclosed by Recipient.
Nonconfidential Information. Notwithstanding anything to the contrary herein, Receiving Party shall have no obligation to preserve the confidentiality of any of the Disclosing Party’s Confidential Information which:
(1) was, is or becomes publicly known, other than through unauthorized disclosure by the Receiving Party;
(2) at the time of disclosure to Receiving Party, was already in the possession of Receiving Party and not subject to any confidentiality undertaking;
(3) is disclosed to Receiving Party by any individual or entity other than Disclosing Party, if such individual or entity is not bound by a confidentiality agreement with, or other known contractual or legal obligation of confidentiality to, the Disclosing Party; or
(4) was or is developed by Receiving Party without use of or reference to any of the Disclosing Party’s Confidential Information. The foregoing exceptions shall not apply to Company Personal Data.
Nonconfidential Information. This Article (Confidentiality) shall be inoperative as to any portion of the Information which: (1) is or becomes generally available to the public other than as a result of a disclosure by the recipient or its representatives; (2) becomes available to a Party in good faith from a third-party not subject to a confidentiality obligation to the disclosing Party; or (3) was known to a Party on a nonconfidential basis prior to its disclosure by the other Party or one of its representatives.
Nonconfidential Information. Neither party hereto shall have any obligation with respect to non-disclosure and use of information to the extent such information:
A. is or becomes generally available to the public other than as a consequence of a breach of an obligation of confidentiality hereunder; or
B. is made public by the disclosing party; or
C. is received from a third party independent of the disclosing party without any breach by any party of an obligation of confidentiality; or D. is required to be disclosed by operation of law or regulation applicable to a party. Prior to making any disclosure of any Confidential Information pursuant to operation of law, the party proposing to make any such disclosure, if permitted, will provide advance written notice of the proposed disclosure. The party from whom such Confidential Information was obtained will then have the opportunity to challenge such disclosure through appropriate proceedings.
Nonconfidential Information. Nothing in this MOA shall prevent the Members from disclosing to others or using in any manner information which the Member can show:
(a) Was known by a Member prior to execution of the MOA, has been published or has become part of the public domain other than by the acts, omissions or fault of Members or their agents or employees in violation of this MOA; or
(b) Has been furnished or made known to a Member by third parties (other than those acting directly or indirectly for or on behalf of the Members) or was obtained by a Member in some manner other than pursuant to this MOA, as a matter of legal right, without any applicable restrictions on its disclosure; or
(c) Was in the Member's possession prior to the disclosure thereof by or on behalf of any of the Members.
Nonconfidential Information. Nothing in this Agreement shall prevent the Members from disclosing to others or using in any manner information which the Member can show:
7.4.1 Was known by the Member prior to execution of this Agreement, has been published or has become part of the public domain other than by the acts, omissions or fault of Members or their agents or employees in violation of this Agreement; or
7.4.2 Was furnished or made known to the Member by third parties (other than those acting directly or indirectly for or on behalf of the Members) or was obtained by the Member in some manner other than pursuant to this Agreement, as a matter of legal right, without any applicable restrictions on its disclosure; or
7.4.3 Is information that has been made final pursuant to Report Approval Process described in Section 4.8. This includes both the Final Report and all data contained in the underlying database.
7.4.4 Is information required by law to be produced to a requester, subject to the procedures of Section 7.3
Nonconfidential Information. Notwithstanding anything to the contrary herein, Receiving Party shall have no obligation to preserve the confidentiality of any Confidential Information which:
(I) is or becomes publicly known (other than through unauthorized disclosure by the Disclosing Party) and is available to Receiving Party without use of or reference to any of Disclosing Party’s Confidential Information;