Common use of Trade Secrets and Confidentiality Clause in Contracts

Trade Secrets and Confidentiality. 8.1 (a) Vivier or Buyer may, from time to time, disclose to the other valuable information of a technical or nontechnical nature that is not generally known to the trade or public. Each of Vivier and Buyer agrees that during the period that this Agreement is in effect and for a period of five (5) years thereafter, it will not disclose to anyone in any manner whatsoever (except as authorized in writing by the other party) any such information ("Confidential Information"), including, without limitation, intellectual property, inventions, works of authorship, trade secrets or know-how or other information relating in any way to the products, processes, and services of such other party which becomes known to Vivier or Buyer, as the case may be, during the period that this Agreement is in effect. The obligations of this Section 6 shall not apply to information that (i) is known to a party as shown by written records prior to the disclosure of such information by the other party; (ii) becomes public information or is generally available to the public other than by an unauthorized act or omission of a party; or (iii) is received by a party from third parties who are in rightful possession of such information and who are lawfully entitled to disclose such information to such party.

Trade Secrets and Confidentiality. 8.1 6.1 (a) Vivier Geneva or Buyer may, from time to time, disclose to the other valuable information of a technical or nontechnical nature that is not generally known to the trade or public. Each of Vivier Geneva and Buyer agrees that during the period that this Agreement is in effect and for a period of five (5) years thereafter, it will not disclose to anyone in any manner whatsoever (except as authorized in writing by the other party) any such information ("Confidential Information"), including, without limitation, intellectual property, inventions, works of authorship, trade secrets or know-how or other information relating in any way to the products, processes, and services of such other party which becomes known to Vivier Geneva or Buyer, as the case may be, during the period that this Agreement is in effect. The obligations of this Section 6 shall not apply to information that (i) is known to a party as shown by written records prior to the disclosure of such information by the other party; (ii) becomes public information or is generally available to the public other than by an unauthorized act or omission of a party; or (iii) is received by a party from third parties who are in rightful possession of such information and who are lawfully entitled to disclose such information to such party.