Common use of Termination of Obligation of Confidentiality Clause in Contracts

Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 7 of this Agreement shall cease to apply to Confidential Information after the EARLIEST of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iv) has become generally known to the public in the United States through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company; or (vi) was independently developed by the Executive without the use of the Confidential Information.

Appears in 3 contracts

Samples: And Noncompete Agreement (Damark International Inc), And Noncompete Agreement (Damark International Inc), And Noncompete Agreement (Damark International Inc)

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Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 7 6 of this Agreement shall cease to apply to Confidential Information after the EARLIEST of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iv) has become generally known to the public in the United States Company's industry through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company; or (vi) was independently developed by the Executive without the use of the Confidential Information.

Appears in 2 contracts

Samples: Severance, Confidentiality and Noncompete Agreement (Damark International Inc), Severance, Confidentiality and Noncompete Agreement (Damark International Inc)

Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 7 of this Agreement shall cease to apply to Confidential Information after the EARLIEST earliest of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iv) has become generally known to the public in the United States through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company; or (vi) was independently developed by the Executive without the use of the Confidential Information.

Appears in 1 contract

Samples: Provell Inc

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Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 7 9 of this Agreement shall cease to apply to Confidential Information after the EARLIEST of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iv) has become generally known to in the public Company's industry in the United States through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company; or (vi) was independently developed by the Executive without the use of the Confidential Information.

Appears in 1 contract

Samples: Credit Agreement (Damark International Inc)

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