Common use of Scope of Proprietary Information Clause in Contracts

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to this Participation Agreement, the NDHIN and Participants may come into possession of certain Proprietary Information of the other. For the purposes of this Section, “Proprietary Information” of a party means all trade secrets, business plans, marketing plans, know- how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of the party, whether written or verbal, that are confidential in nature; except that Proprietary Information does not include any information that (a) is in the public domain; (b) is already known or obtained by any other party other than in the course of the other party's performance pursuant to this Participation Agreement; (c) is independently developed by any other party; or (d) becomes known from an independent source having the right to disclose the information and without similar restrictions as to disclosure and use and without breach of this Participation Agreement, or any other confidentiality or nondisclosure agreement by such other party.

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to this Participation Agreement, the NDHIN HealtHIE Nevada and Participants may come into possession of certain Proprietary Information of the otherothers. For the purposes of this Sectionhereof, “Proprietary Information” of a party means all trade secrets, business plans, marketing plans, know- know-how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of the partyagreements, whether written or verbal, that are confidential in nature; except provided, however, that “Proprietary Information Information” does not include Patient Data or any information that that: (a) is Is in the public domain; (b) is Is already known or obtained by any other party other than in the course of the other party's ’s performance pursuant to this Participation Agreement; (c) is Is independently developed by any other party; or and/or (d) becomes Becomes known from an independent source having the right to disclose the such information and without similar restrictions as to disclosure and use and without breach of this Participation Agreement, or any other confidentiality or nondisclosure agreement by such other party.

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to this Participation Agreement, the NDHIN RHIO and Participants may come into possession of certain Proprietary Information of the other. For the purposes of this Sectionhereof, “Proprietary Information” of a party means all trade secrets, business plans, marketing plans, know- know-how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of the party, whether written or verbal, that are confidential in nature; except provided, however, that Proprietary Information does shall not include any information that (a) is in the public domain; (b) is already known or obtained by any other party other than in the course of the other party's ’s performance pursuant to this Participation Agreement; (c) is independently developed by any other party; or and/or (d) becomes known from an independent source having the right to disclose the such information and without similar restrictions as to disclosure and use and without breach of this Participation Agreement, or any other confidentiality or nondisclosure agreement by such other party.

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to this Participation Agreement, the NDHIN HealtHIE Nevada and Participants may come into possession of certain Proprietary Information of the otherothers. For the purposes of this Sectionhereof, “Proprietary Information” of a party means all trade secrets, business plans, marketing plans, know- how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of the partyagreements, whether written or verbal, that are confidential in nature; except provided, however, that “Proprietary Information Information” does not include Patient Data or any information that that: (a) is Is in the public domain; (b) is Is already known or obtained by any other party other than in the course of the other party's ’s performance pursuant to this Participation Agreement; (c) is Is independently developed by any other party; or and/or (d) becomes Becomes known from an independent source having the right to disclose the such information and without similar restrictions as to disclosure and use and without breach of this Participation Agreement, or any other confidentiality or nondisclosure agreement by such other party.