Public Data. Notwithstanding any other provision of this Agreement, Data shall not be, or shall cease to be, Confidential Data hereunder: (a) if such Data is known to the receiving party prior to disclosure thereof by the disclosing party; (b) after such Data is published or becomes available to others, without restriction and without breach of this Agreement by the receiving party; (c) after such Data becomes available to the receiving party from others having no obligation to hold such Data in confidence; or (d) if such Data is developed by the receiving party independently of any disclosure of such Data by the disclosing party.
Appears in 3 contracts
Samples: Reciprocal Non Disclosure Agreement, Reciprocal Non Disclosure Agreement, Engineer, Procure and Construct Contract (Lexent Inc)
Public Data. Notwithstanding any other provision of this the Agreement, Data shall not be, or shall cease to be, Confidential Data hereunder: (a) if such Data is known to the receiving party RECEIVING PARTY prior to disclosure thereof by the disclosing partyDISCLOSING PARTY; (b) after such Data is published or becomes available to others, without restriction and without breach of this Agreement by the receiving partyRECEIVING PARTY; (c) after such Data becomes available to the receiving party RECEIVING PARTY from others oth- ers having no obligation to hold such Data in confidence; or (d) if such Data is developed by the receiving party RECEIVING PARTY independently of any disclosure of such Data by the disclosing partyDISCLOSING PARTY.
Appears in 1 contract
Samples: Non Disclosure Agreement