Common use of Nondisclosure and Nonuse Obligation Clause in Contracts

Nondisclosure and Nonuse Obligation. Either party (the “Disclosing Party”) or its contractors may, from time to time, give the other party (the “Recipient”) valuable information of a technical or non-technical nature that is not generally known to the trade or public. Both parties agree that they will not disclose to anyone in any manner whatsoever (except as authorized in writing by the Disclosing Party) any such information, including information relating in any way to the Products, processes, and services of Disclosing Party or its contractors, which becomes known to the Recipient during the period that this Agreement is in effect. The obligations of this Article X shall not apply to information (i) that is known to the Recipient as shown by written records prior to its disclosure by Disclosing Party or its contractors; (ii) that becomes public information or is generally available to the public other than by an unauthorized act or omission of Recipient; or (iii) that is received by the Recipient from third-parties who are in rightful possession of such information and who are lawfully entitled to disclose such information to the Recipient. Upon termination of this Agreement, both parties shall return to the other all documents that include confidential information of the other or its contractors, including all copies of such documents, and shall make no further use of such information.

Appears in 3 contracts

Samples: Supply & Packaging Agreement, Supply & Packaging Agreement (Reliant Pharmaceuticals, Inc.), Supply & Packaging Agreement (Reliant Pharmaceuticals, Inc.)

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Nondisclosure and Nonuse Obligation. Either party (the “Disclosing Party”) or its contractors may, from time to time, give the other party (the “Recipient”) valuable information of a technical or non-technical nature that is not generally known to the trade or public. Both parties agree that they will not disclose to anyone in any manner whatsoever (except as authorized in writing by the Disclosing Party) any such information, including information relating in any way to the Products, processes, and services of Disclosing Party or its contractors, which becomes known to the Recipient during the period that this Agreement is in effect. The obligations of this Article X shall not apply to information (i) that is known to the Recipient as shown by written records prior to its disclosure by Disclosing Party or its contractors; (ii) that becomes public information or is generally available to the public other than by an unauthorized act or omission of Recipient; or (iii) that is received by the Recipient from third-third parties who are in rightful possession of such information and who are lawfully entitled to disclose such information to the Recipient. Upon termination of this Agreement, both parties shall return to the other all documents that include confidential information of the other or its contractors, including all copies of such documents, and shall make no further use of such information.

Appears in 2 contracts

Samples: Supply & Packaging Agreement (Reliant Pharmaceuticals, Inc.), Supply & Packaging Agreement (Reliant Pharmaceuticals, Inc.)

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