Scope of Confidential Information. For purposes of this Agreement, information shall not be deemed confidential (1) if such information is available in full from public sources; (2) if such information is received from a third party not under an obligation to keep such information confidential; or (3) if the recipient can conclusively demonstrate that such information was independently developed by the recipient.
Appears in 10 contracts
Samples: Company Purchase Agreement (Q Seven Systems Inc), Asset Purchase Agreement (Q Seven Systems Inc), Asset Purchase Agreement (Deltek Systems Inc)
Scope of Confidential Information. For purposes of this --------------------------------- Agreement, information shall not be deemed confidential (1a) if such information is available in full from public sources; (2b) if such information is received from a third party not under an obligation to keep such information confidential; or (3c) if the die recipient can conclusively demonstrate that such information was independently developed by the recipient.
Appears in 1 contract
Samples: Asset Purchase Agreement (Digital Video Systems Inc)
Scope of Confidential Information. For purposes of this --------------------------------- Agreement, information shall not be deemed confidential (1) if such information is available in full from public sources; (2) if such information is received from a third party not under an obligation to keep such information confidential; or (31) if the die recipient can conclusively demonstrate that such information was independently developed by the recipient.
Appears in 1 contract
Samples: Asset Purchase Agreement (Digital Video Systems Inc)
Scope of Confidential Information. For purposes of this Agreement, --------------------------------- information shall not be deemed confidential (1) if such information is available in full from public sources; (2) if such information is received from a third party not under an obligation to keep such information confidential; or (3) if the recipient can conclusively demonstrate that such information was independently developed by the recipient.
Appears in 1 contract
Samples: Merger Agreement (Ade Corp)
Scope of Confidential Information. For purposes of this Agreement, information shall not be deemed confidential (1i) if such information is or becomes available in full from public sources, is or becomes generally known in the trade or is determined not to be confidential in a final adjudication not subject to appeal; (2ii) if such information is received from a third party not under an obligation to keep such information confidential; or (3iii) if the recipient can conclusively demonstrate that such information was previously known to it, its affiliates or advisors free of any obligation to keep it confidential, or was independently developed by the recipient.
Appears in 1 contract
Scope of Confidential Information. For purposes of this Agreement, information shall not be deemed confidential (1a) if such information is available in full from public sources; (2b) if such information is received from a third party not under an obligation to keep such information confidential; or (3c) if the die recipient can conclusively demonstrate that such information was independently developed by the recipient.. ARTICLE
Appears in 1 contract
Samples: Asset Purchase Agreement (Digital Video Systems Inc)
Scope of Confidential Information. For purposes of this Agreement, information shall not be deemed confidential (1) if such information is available in full from public sources; (2) if such information is received from a third party not under an obligation to keep such information confidential; or (3) if the recipient can conclusively demonstrate that such information was can be shown to have been independently developed by the recipient.
Appears in 1 contract