Common use of Nondisclosure and Use Obligations Clause in Contracts

Nondisclosure and Use Obligations. Except as otherwise provided in --------------------------------- this Article 10, during the term of this Agreement and for a period of ten (10) years thereafter, all information of a confidential nature disclosed pursuant to this Agreement by one party to another and, in the case of documents, designated by the disclosing party by an appropriate stemp, marking or legend as being confidential to the disclosing party shall be used by the receiving party only for the purposes of this Agreement and shall be maintained as confidential by the receiving party, using the same safeguards as it uses to protect its own confidential information of a similar character. The receiving party will not publish or disclose to Third Parties any such received information of a confidential nature without the prior express written consent of the disclosing party. The foregoing obligations on use and disclosure of confidential information shall not apply to any information which: (a) is shown by objective evidence to be already in the possession of the receiving party at the time of first receipt from the disclosing party; or CONFIDENTIAL TREATMENT REQUESTED [*] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (b) is shown by objective evidence to be developed independently by employees of the receiving party who had not had access to the confidential information; or (c) is or becomes part of the public domain without breach of this Agreement by the receiving party; or (d) is made available by the disclosing party to a third party without like obligations on disclosure; or (e) is rightfully obtained by the receiving party from third person without restriction or breach of this Agreement by the receiving party; or (f) in the case of documents, is not designated by an appropriate stamp, marking or legend as being confidential to the disclosing party at the time of disclosure. Oral information disclosed by one party to the other shall be confirmed as confidential by a written summary to be submitted by the disclosing party to the receiving party within ten (10) days after the oral transmission thereof. For purposes of this Article 10, information and data described above shall be referred to as "Information".

Nondisclosure and Use Obligations. Except as otherwise provided in this --------------------------------- this Article 10, during the term of this Agreement and for a period of ten (10) years thereafter, all information of a confidential nature disclosed pursuant to this Agreement by one party to another and, in the case of documents, designated by the disclosing party by an appropriate stempstamp, marking or legend as being confidential to the disclosing party shall be used by the receiving party only for the purposes of this Agreement and shall be maintained as confidential by the receiving party, using the same safeguards as it uses to protect its own confidential information of a similar character. The receiving party will not publish or disclose to Third Parties any such received information of a confidential nature without the prior express written consent of the disclosing party. The foregoing obligations on use and disclosure of confidential information shall not apply to any information which: (a) is shown by objective evidence to be already in the possession of the receiving party at the time of first receipt from the disclosing party; or CONFIDENTIAL TREATMENT REQUESTED [*] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.or (b) is shown by objective evidence to be developed independently by employees of the receiving party who had not had access to the confidential information; or (c) is or becomes part of the public domain without breach of this Agreement by the receiving party; or (d) is made available by the disclosing party to a third party without like obligations on disclosure; or (e) is rightfully obtained by the receiving party from third person without restriction or breach of this Agreement by the receiving party; or (f) in the case of documents, is not designated by an appropriate stamp, marking or legend as being confidential to the disclosing party at the time of disclosure. Oral information disclosed by one party to the other shall be confirmed as confidential by a written summary to be submitted by the disclosing party to the receiving party within ten (10) days after the oral transmission thereof. For purposes of this Article 10, information and data described above shall be referred to as "Information".

Nondisclosure and Use Obligations. Except as otherwise provided in --------------------------------- this Article 10, during the term of this Agreement and for a period of ten (10) years thereafter, all information of a confidential nature disclosed pursuant to this Agreement by one party to another and, in the case of documents, designated by the disclosing party by an appropriate stemp, marking or legend as being confidential to the disclosing party shall be used by the receiving party only for the purposes of this Agreement and shall be maintained as confidential by the receiving party, using the same safeguards as it uses to protect its own confidential information of a similar character. The receiving party will not publish or disclose to Third Parties any such received information of a confidential nature without the prior express written consent of the disclosing party. The foregoing obligations on use and disclosure of confidential information shall not apply to any information which: (a) is shown by objective evidence to be already in the possession of the receiving party at the time of first receipt from the disclosing party; or CONFIDENTIAL TREATMENT REQUESTED : THE SYMBOL "[*] ]" IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (a) is shown by objective evidence to be already in the possession of the receiving party at the time of first receipt from the disclosing party; or (b) is shown by objective evidence to be developed independently by employees of the receiving party who had not had access to the confidential information; or (c) is or becomes part of the public domain without breach of this Agreement by the receiving party; or (d) is made available by the disclosing party to a third party without like obligations on disclosure; or (e) is rightfully obtained by the receiving party from third person without restriction or breach of this Agreement by the receiving party; or (f) in the case of documents, is not designated by an appropriate stamp, marking or legend as being confidential to the disclosing party at the time of disclosure. Oral information disclosed by one party to the other shall be confirmed as confidential by a written summary to be submitted by the disclosing party to the receiving party within ten (10) days after the oral transmission thereof. For purposes of this Article 10, information and data described above shall be referred to as "Information".