Confidential Information of. a Disclosing Party shall not include any information that the Receiving Party can demonstrate by competent evidence: (a) is or becomes publicly known other than as a result of any breach of this Agreement by the Receiving Party; (b) is disclosed to the Receiving Party on a non-confidential basis by a third party who rightfully possesses the information; (c) was known to the Receiving Party prior to its first receipt from the Disclosing Party (provided that the exception set forth in this clause (c) shall not apply to Results, other Work Product or Arising Intellectual Property); or (d) was independently developed by the Receiving Party outside the scope of this Agreement and without use of or reference to the Confidential Information of the Disclosing Party.
Appears in 4 contracts
Samples: Services and License Agreement (Artiva Biotherapeutics, Inc.), Master Research Services Agreement (Artiva Biotherapeutics, Inc.), Services and License Agreement (Artiva Biotherapeutics, Inc.)
