Common use of Restrictions on Use and Disclosure Clause in Contracts

Restrictions on Use and Disclosure. Owner and Vendor agree to hold Confidential Information supplied to the Receiving Party by the Disclosing Party in confidence for a period commencing with the Effective Date and ending three (3) years from the date of Final Completion or termination of the Agreement, whichever is earlier, and to use such Confidential Information only for purposes of the Project. The provisions of this Section 6.2 shall not apply to information within any one of the following categories: (i) information that was in the public domain evidenced by printed publication or similar proof prior to Receiving Party’s receipt thereof from the Disclosing Party, or that subsequently becomes part of the public domain by publication or otherwise except by the Receiving Party’s wrongful act; however, this exception (i) shall not apply if the Disclosing Party notifies the Receiving Party that it has written documentation that the disclosed information was made public by a third party in violation of a confidentiality obligation between such third party and the Disclosing Party; (ii) information that the Receiving Party can show was in its possession in writing or other documentary or recorded form prior to its receipt from the Disclosing Party through no breach of any confidentiality obligation on the part of the Receiving Party; (iii) information received by the Receiving Party from a third party that did not have a confidentiality obligation with respect to the Receiving Party; or (iv) information independently developed by the Receiving Party that can be documented in writing. Detailed information, or information in combination with other information, shall not be excluded from the confidentiality obligations contained herein for the sole reason that such detailed information or combined information is a part of more general information falling within sub-paragraphs (i) through (iv) or Section 6.4.

Restrictions on Use and Disclosure. Owner Bechtel and Vendor agree to hold Confidential Information supplied to the Receiving Party by the Disclosing Party in confidence for a period commencing with the Effective Date and ending three (3) years from the date of Final Completion or termination of the Agreement, whichever is earlier, earlier and to use such Confidential Information only for purposes of the Project. The provisions of this Section 6.2 shall not apply to information within any one of the following categories: (i) information that was in the public domain evidenced by printed publication or similar proof prior to Receiving Party’s receipt thereof from the Disclosing Party, Party or that subsequently becomes part of the public domain by publication or otherwise except by the Receiving Party’s wrongful act; however, this exception (i) shall not apply if the Disclosing Party notifies the Receiving Party that it has written documentation that the disclosed information was made public by a third party in violation of a confidentiality obligation between such third party and the Disclosing Party; (ii) information that the Receiving Party can show was in its possession in writing or other documentary or recorded form prior to its receipt from the Disclosing Party through no breach of any confidentiality obligation on the part of the Receiving receiving Party; (iii) information received by the Receiving Party from a third party that did not have a confidentiality obligation with respect to on the part of the Receiving Party; or (iv) information independently developed by the Receiving Party that can be documented in writing. Detailed information, or information in combination with other information, shall not be excluded from the confidentiality obligations contained herein for the sole reason that such detailed information or combined information is a part of more general information falling within sub-paragraphs (i) through (iv) or Section 6.4.

Restrictions on Use and Disclosure. Owner and Vendor agree to hold Confidential Information supplied to the Receiving Party by the acknowledges that Proprietary Information is extremely valuable to Disclosing Party in confidence for a period commencing with and its partners, vendors and customers. Receiving Party agrees during the Effective Date and ending three (3) years from the date of Final Completion or termination of the Agreement, whichever is earlier, and to use such Confidential Information only for purposes of the Project. The provisions term of this Section 6.2 shall not apply to information within any one of the following categories: (i) information Agreement and thereafter that was in the public domain evidenced by printed publication or similar proof prior to Receiving Party’s receipt thereof from the Disclosing Party, or that subsequently becomes part of the public domain by publication or otherwise except by the Receiving Party’s wrongful act; however, this exception : (i) shall hold all Proprietary Information in confidence and trust for the benefit of Disclosing Party; (ii) shall not copy or use (or allow any of Receiving Party’s officers, directors, representatives, employees, contractors, or agents to copy or use) any Proprietary Information, except as may be necessary to perform the Work; (iii) shall use the Proprietary Information only for the benefit of Disclosing Party, as the case may be (and not for the benefit of Receiving Party or any third party); and (iv) shall not disclose or otherwise make available any such Proprietary Information to any third party except as authorized in writing and in advance by Disclosing Party as the case may be. All Proprietary Information is and shall remain the sole property of the State of California with CSE as its manager. The foregoing restrictions on disclosure shall not apply if the Disclosing Party notifies the with respect to any information that Receiving Party that it can convincingly demonstrate: (a) was or has written documentation that become generally known or publicly available through no act or failure to act on the disclosed information was made public part of Receiving Party; (b) is known by Receiving Party without restrictions on disclosure at the time of receiving such information; (c) has been rightfully furnished to Receiving Party by a third party in violation of a confidentiality obligation between such without restrictions on disclosure by the third party and without a breach of such third party’s obligations of confidentiality; (d) is required by law to be disclosed by Receiving Party, provided, that (unless prohibited by applicable law) Receiving Party gives Disclosing Party prompt notice of such requirement immediately upon becoming aware of such requirement and discloses the information only to the extent required by law, or (e) is disclosed by Receiving Party after obtaining written consent from Disclosing Party; (ii) information that , as the Receiving Party can show was in its possession in writing or other documentary or recorded form prior to its receipt from the Disclosing Party through no breach of any confidentiality obligation on the part of the Receiving Party; (iii) information received by the Receiving Party from a third party that did not have a confidentiality obligation with respect to the Receiving Party; or (iv) information independently developed by the Receiving Party that can be documented in writing. Detailed information, or information in combination with other information, shall not be excluded from the confidentiality obligations contained herein for the sole reason that such detailed information or combined information is a part of more general information falling within sub-paragraphs (i) through (iv) or Section 6.4case may be.

Restrictions on Use and Disclosure. Owner Recipient, as a Receiving Party, represents, warrants, and Vendor agree to hold agrees that: (i) it will not copy or reproduce any of the Disclosing Party’s Confidential Information supplied to without the Receiving Party by consent of the Disclosing Party in confidence for a period commencing with the Effective Date and ending of three (3) years from the date following receipt of Final Completion or termination of the Agreement, whichever is earlier, and to use such Confidential Information only for purposes of the Project. The provisions of this Section 6.2 shall not apply to information within any one of the following categories: (i) information that was in the public domain evidenced by printed publication or similar proof prior to Receiving Party’s receipt thereof from the Disclosing Party, or that subsequently becomes part of the public domain by publication or otherwise except by the Receiving Party’s wrongful act; however, this exception (i) shall not apply if the Disclosing Party notifies the Receiving Party that it has written documentation that the disclosed information was made public by a third party in violation of a confidentiality obligation between such third party and the Disclosing PartyInformation; (ii) information that it will not disclose any of the Receiving Party can show was in its possession in writing or other documentary or recorded form prior Disclosing Party’s Confidential Information to its receipt from any third party without the consent of the Disclosing Party through no breach for a period of any confidentiality obligation on the part three (3) years following receipt of the Receiving Partysuch Confidential Information; (iii) information received by in fulfilling its obligations under clauses (i) and (ii) above, it will use the same care and discretion to avoid disclosure, publication, or dissemination of Confidential Information of the Disclosing Party, other than to those employees of the Receiving Party from a third party that did not and its subsidiaries (“Agents”) who have a confidentiality obligation need to know such Confidential Information for purposes of the analysis, discussions and testing solely within the scope of this Agreement, as the Receiving Party employs with respect to the Receiving Party; orsimilar information of its own that it does not desire to publish, disclose or disseminate; (iv) information independently developed it will inform any Agents to whom it discloses Confidential Information of these confidentiality obligations and obtain a written agreement, in this form, from all such Agents and require compliance with such provisions as a condition precedent to their participation on the scope of work associated with Discloser’s technology/invention/discovery/property; (v) it will not use any copyrighted, patented or patentable, or trade secret Confidential Information of Discloser except for the exclusive purposes set forth in this Agreement; and (vi) it will immediately return or destroy all or any part of the Disclosing Party’s Confidential Information as requested by the Receiving Disclosing Party that can be documented in writing. Detailed information, at any time during the term of this Agreement and at the termination or information in combination with other information, shall not be excluded from the confidentiality obligations contained herein for the sole reason that such detailed information or combined information is a part expiration of more general information falling within sub-paragraphs (i) through (iv) or Section 6.4this Agreement.

Restrictions on Use and Disclosure. Owner and Vendor agree to hold Confidential Information supplied to the Receiving Party by shall not use any portion of the Disclosing Party Information in confidence any manner or for a period commencing any purpose other than as is necessary and/or appropriate in connection with the Effective Date and ending three (3) years from the date of Final Completion or termination of the AgreementPermitted Purpose. Furthermore, whichever is earlier, and to use such Confidential Information only for purposes of the Project. The provisions of this Section 6.2 shall not apply to information within any one of the following categories: (i) information at all times that was in the public domain evidenced by printed publication or similar proof prior to Receiving Party’s receipt thereof from the Disclosing Party, or that subsequently becomes part of the public domain by publication or otherwise except by the Receiving Party’s wrongful act; however, this exception (i) shall not apply if the Disclosing Party notifies the Receiving Party that it has written documentation that the disclosed information was made public by a third party is in violation possession of a confidentiality obligation between such third party and the Disclosing Party; (ii) information that the Information, Receiving Party can show was in its possession in writing shall (a) safeguard the Information from unauthorized use and disclosure; (b) disclose the Information to no one other than employees or other documentary or recorded form prior to its receipt from the Disclosing Party through no breach advisors of any confidentiality obligation on the part of the Receiving Party; (iii) information received by the Receiving Party from on a third party that did not have a confidentiality obligation need to know basis in order to perform the Permitted Purpose; and (c) advise all such employees and advisors of their obligations with respect to the Information and be responsible for their breach of this Agreement. Notwithstanding the foregoing, Information shall not include information which (i) is or becomes generally known or available to the public (through no fault of Receiving Party or its employees or advisors); (ii) is in Receiving Party's possession prior to its disclosure by Disclosing Party to Receiving Party; or (iii) subsequently comes into Receiving Party's possession through channels independent of Disclosing Party (provided Receiving Party is unaware that such channels are legally prohibited from disclosing the information); (iv) information is independently developed by the Receiving Party; or (v) is released or disclosed by Receiving Party that can be documented in writing. Detailed informationaccordance with a valid order of a court or government agency, provided Receiving Party (x) promptly notifies Disclosing Party of such order, and (y) reasonably cooperates with Disclosing Party (at Disclosing Party's expense) in obtaining a protective order of reasonable scope with respect to the order requiring such release or information in combination with other information, shall not be excluded from the confidentiality obligations contained herein for the sole reason that such detailed information or combined information is a part of more general information falling within sub-paragraphs (i) through (iv) or Section 6.4public disclosure.