Common use of Confidential Information and Exclusions Clause in Contracts

Confidential Information and Exclusions. Notwithstanding Section 10.1 (Definitions) above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 2 contracts

Samples: Joint Venture Agreement (Sunpower Corp), Joint Venture Agreement (Sunpower Corp)

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Confidential Information and Exclusions. Notwithstanding Section 10.1 (Definitions) ‎12.1 above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 2 contracts

Samples: Supply Agreement, Confidential Treatment (Sunpower Corp)

Confidential Information and Exclusions. Notwithstanding Section 10.1 SECTION 9.5(A) (DefinitionsDefinition) above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s 's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 2 contracts

Samples: Master Joint Venture Agreement (Evergreen Solar Inc), Master Joint Venture Agreement (Evergreen Solar Inc)

Confidential Information and Exclusions. Notwithstanding Section 10.1 (Definitions) ‎12.1 above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.. 7of 16 JVCo and SunPower Confidential

Appears in 1 contract

Samples: Confidential Treatment (Sunpower Corp)

Confidential Information and Exclusions. Notwithstanding Section 10.1 (Definitions) above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.. 10.3

Appears in 1 contract

Samples: Joint Venture Agreement

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Confidential Information and Exclusions. Notwithstanding Section 10.1 8.5(a) (DefinitionsDefinition) above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 1 contract

Samples: Master Joint Venture Agreement (Evergreen Solar Inc)

Confidential Information and Exclusions. Notwithstanding Section 10.1 7.1 (DefinitionsDefinition) above, Confidential Information shall exclude information that: (i) was independently developed by the Receiving Party without using any of the Disclosing Party’s 's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party that had a right to disclose it; (iii) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (iv) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 1 contract

Samples: Technology Cooperation Agreement (Evergreen Solar Inc)

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