Common use of Confidential Information Exclusions Clause in Contracts

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d), Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and 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 3 contracts

Samples: Foundry Agreement (Amkor Technology Inc), Manufacturing Services Agreement (Simtek Corp), Foundry Agreement (Amkor Technology Inc)

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Confidential Information Exclusions. Notwithstanding the provisions of ----------------------------------- Section 1.2(d1.1(i), Confidential Information shall exclude information that the -------------- Receiving Party can demonstrate: (i) was independently developed by the Receiving Party Party, without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement or any other agreement; (iii) was in the public domain at the time it was disclosed or becomes in enters 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: Asset Acquisition Agreement (Evolve Software Inc)

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d1.1(a), Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party prior to disclosure by the Disclosing Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in enters 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 Product Purchase Agreement (Altair Nanotechnologies Inc)

Confidential Information Exclusions. Notwithstanding the provisions definition of Section 1.2(d), “Confidential Information,” Confidential Information shall exclude excludes information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's ’s Confidential Information or by the Receiving Party's ’s employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's ’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in enters 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: Intellectual Property Agreement (Lsi Logic Corp)

Confidential Information Exclusions. Notwithstanding the provisions definition of Section 1.2(d), "Confidential Information," Confidential Information shall exclude excludes information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in enters 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: Intellectual Property Agreement (Lsi Logic Storage Systems Inc)

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d3.13(a), Confidential Information shall exclude information excludes Information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's ’s Confidential Information or by the Receiving Party's ’s employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's ’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement or the Ancillary Agreements; (iii) was in the public domain at the time it was disclosed or becomes in enters 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 Separation Agreement (Lsi Logic Corp)

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d)1.23, Confidential Information shall exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party Party, as evidenced by the Receiving Party's business records, without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement; (iii) was in the public domain knowledge or literature at the time it was disclosed or becomes in enters the public domain knowledge or literature 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: License and Product Agreement (Simtek Corp)

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Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d)1.22, Confidential Information shall exclude information that the Receiving Party can demonstrate: (ia) was independently developed by the Receiving Party without any use of the Disclosing Party's ’s Confidential Information or by the Receiving Party's ’s employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's ’s Confidential Information; (iib) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement or any other agreement; (iiic) was in the public domain at the time it was disclosed or becomes in enters the public domain through no act or omission of the Receiving Party; or (ivd) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 1 contract

Samples: Purchase Agreement (Exar Corp)

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d3.13(a), Confidential Information shall exclude information excludes Information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement or the Ancillary Agreements; (iii) was in the public domain at the time it was disclosed or becomes in enters 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 Separation Agreement (Lsi Logic Storage Systems Inc)

Confidential Information Exclusions. Notwithstanding the provisions of Section 1.2(d), Confidential Information shall will exclude information that the Receiving Party can demonstrate: (i) was independently developed by the Receiving Party without any use of the Disclosing Party's ’s Confidential Information or by the Receiving Party's ’s employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's ’s Confidential Information; (ii) becomes known to the Receiving Party, without restriction, from a source (other than the Disclosing Party without breach of this Agreement and Party) that had a right to disclose itit without breach of this Agreement; (iii) was in the public domain at the time it was disclosed or becomes in enters 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: Asset Transfer and License Agreement (Luna Innovations Inc)

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