Excluded Confidential Information definition

Excluded Confidential Information means any Confidential Information that (i) is available to the public other than as a result of a breach of Section 6.13(a) or (ii) with respect to any Person, has been provided to such Person by a Third Party who obtained such information other than from any Investor or any Affiliate of an Investor (other than any Excluded GIC Entity or Excluded Portfolio Company Pension Fund).
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Excluded Confidential Information means all information (whether or not specifically labeled or identified as “confidential” and whether written or oral) of Seller or any of its Affiliates other than Business Confidential Information; provided that “Excluded Confidential Information” shall not include information (a) that is or becomes generally available to the public other than as a result of a breach of Section 4.2(c) by Buyer or any of its Controlled Affiliates (including the Company and the Transferred Subsidiaries) or its or their Representatives, (b) that Buyer or any of its Controlled Affiliates (including the Company and the Transferred Subsidiaries) or its or their Representatives receive or have received on a non-confidential basis from a source other than Seller or its Affiliates (excluding the Company and the Transferred Subsidiaries); provided that such source is not known to Buyer or the applicable Controlled Affiliate or Representative to be subject to a contractual, legal or fiduciary obligation of confidentiality to Seller or any of its Affiliates (other than the Company and the Transferred Subsidiaries) with respect to such information, or (c) that Buyer or any of its Controlled Affiliates (including the Company and the Transferred Subsidiaries) or its or their Representatives can demonstrate has been or is subsequently independently conceived or developed by Buyer or any of its Controlled Affiliates (including the Company and the Transferred Subsidiaries) or its or their Representatives following Closing.
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Excluded Confidential Information means all information (whether or not specifically labeled or identified as “confidential” and whether written or oral) of Sellers or any of their Affiliates other than Business Confidential Information; provided that “Excluded Confidential Information” shall not include information that that (a) was already in the possession of Buyer or any of its Controlled Affiliates (including the Transferred Subsidiaries) or its or their Representatives, provided that such Person is not subject to a confidentiality agreement with or other obligation of secrecy to Sellers or their Affiliates with respect to such information, (b) is generally available to the public, other than as a result of disclosure by Buyer or any of its Controlled Affiliates (including the Transferred Subsidiaries) or its or their Representatives in breach of this Agreement; (c) becomes available to Buyer or any of its Controlled Affiliates (including the Transferred Subsidiaries) or its or their Representatives on a non-confidential basis from a source other than Sellers or their Representatives, provided that such source is not known by Buyer or any of its Controlled Affiliates (including the Transferred Subsidiaries) or its or their Representatives, as applicable, to be bound by a confidentiality agreement with or other obligation of secrecy to Sellers or their Affiliates with respect to such information; or (d) is lawfully and independently developed by Buyer or any of its Controlled Affiliates (including the Transferred Subsidiaries) or its or their Representatives without reference to the Excluded Confidential Information and without violation of this Agreement.
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Examples of Excluded Confidential Information in a sentence

  • Signature: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Date: 12/7/04 EXHIBIT A Excluded Confidential Information and Intellectual Property EXHIBIT B Excluded Agreements None.

  • Work Product does not include any discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, copyrightable works, mask works and moral rights developed by Executive without the use of Confidential Information after the termination of the Employment Period or any Excluded Confidential Information developed by Executive for any Permitted Service whether during or after termination of the Employment Period.


More Definitions of Excluded Confidential Information

Excluded Confidential Information means all confidential, proprietary and non-public information (whether or not specifically labeled or identified as “confidential” and whether written or oral) of Seller or any of its Affiliates other than Business Confidential Information; provided that “Excluded Confidential Information” shall not include information (a) that is or becomes generally available to the public other than as a result of a breach of Section 4.2(c) by Buyer or any of its Affiliates (including the Company) or its or their representatives, (b) that Buyer or any of its Affiliates (including the Company) or its or their representatives receive or have received on a non-confidential basis from a source other than Seller or its Affiliates (excluding the Company); provided that such source is not known to Buyer or the applicable Affiliate or representative to be subject to a contractual, legal or fiduciary obligation of confidentiality to Seller or any of its Affiliates (other than the Company) with respect to such information, or (c) that Buyer or any of its Affiliates (including any of the Company) or its or their representatives can demonstrate has been or is subsequently independently conceived or developed by Buyer or any of its Affiliates (including any of the Company) or its or their representatives without use or reference to the information.
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Excluded Confidential Information means all confidential, proprietary and non-public information (whether or not specifically labeled or identified as “confidential” and whether written or oral) of Seller or any of its Affiliates other than Business Confidential Information; provided that “Excluded Confidential Information” shall not include information (a) that is or becomes generally available to the public other than as a result of a breach of Section 4.2(c) by Buyer or any of its Affiliates (including the Transferred Subsidiaries) or its or their representatives, (b) that Buyer or any of its Affiliates (including the Transferred Subsidiaries) or its or their representatives receive or have received on a non-confidential basis from a source other than Seller or its Affiliates (excluding the Transferred Subsidiaries), provided that such source is not known to Buyer or the applicable Affiliate or representative to be subject to a contractual, legal or fiduciary obligation of confidentiality to Seller or any of its Affiliates (other than the Transferred Subsidiaries) with respect to such information, or (c) that Buyer or any of its Affiliates (including any of the Transferred Subsidiaries) or its or their representatives can demonstrate has been or is subsequently independently conceived or developed by Buyer or any of its Affiliates (including any of the Transferred Subsidiaries) or its or their representatives without use or reference to the information.
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Related to Excluded Confidential Information

  • Business Confidential Information has the meaning set forth in Section 5.04(a).

  • Confidential Information has the meaning set forth in Section 6.1.

  • Excluded Information With respect to any Excluded Controlling Class Mortgage Loan, any information and reports solely relating to such Excluded Controlling Class Mortgage Loan and/or the related Mortgaged Property or portfolio of Mortgaged Properties, including, without limitation, any Asset Status Reports, Final Asset Status Reports (or summaries thereof), any Appraisals, inspection reports (related to Specially Serviced Loans conducted by the Special Servicer or the Excluded Special Servicer, as applicable), any Officer’s Certificates delivered by the Master Servicer, the Special Servicer or the Trustee pursuant to Section 3.20(c) or Section 4.06(b) supporting a non-recoverability determination, the Operating Advisor Annual Reports, any determination of the Special Servicer’s net present value calculation, any Appraisal Reduction Amount calculations, environmental assessments, seismic reports and property condition reports and such other information and reports designated as Excluded Information (other than such information with respect to such Excluded Controlling Class Mortgage Loan that is aggregated with information of other Mortgage Loans at a pool level) by the Master Servicer, the Special Servicer or the Operating Advisor, as the case may be. For the avoidance of doubt, any file or report contained in the CREFC® Investor Reporting Package (CREFC® IRP) (other than the CREFC® Special Servicer Loan File and CREFC® Special Servicer Property File relating to any Excluded Controlling Class Mortgage Loan) and any Schedule AL Additional File shall not be considered “Excluded Information.” Each of the Master Servicer, the Special Servicer or the Operating Advisor shall deliver any Excluded Information for posting to the Certificate Administrator’s Website to the Certificate Administrator in accordance with Section 3.32 hereof. For the avoidance of doubt, the Certificate Administrator’s obligation to segregate any information delivered to it under the “Excluded Information” tab on the Certificate Administrator’s Website shall be triggered solely by such information being delivered in the manner provided in Section 3.32 hereof.

  • Proprietary Information shall have the same meaning as Confidential Information.

  • Confidential Material means all information, in any form or medium, known or used by City or an Affiliate of the City which is not known to the general public, including, but not limited to, the know-how, trade secrets, strategic plans, technical information, product information, supplier information, customer information, financial information, marketing information and information as to business opportunities, methods and strategies and research and development of the City and its Affiliates. If and to the extent any Confidential Material is included in any report, assessment, diagram, memorandum or other document or copied or reproduced in any other form or medium, such report, assessment, diagram, memorandum, document or Confidential Material in such other form or medium will be deemed to be Confidential Material.