Confidential lnformation. The term “
Confidential lnformation. For the purposes of this Section 20, “Confidential Information” means information delivered to any Purchaser by or on behalf of the Company in connection with the transactions contemplated by or otherwise pursuant to this Agreement that is proprietary in nature and that was clearly marked or labeled or otherwise adequately identified when received by such Purchaser as being confidential information of the Company, provided that such term does not include information that (a) was publicly known or otherwise known to such Purchaser prior to Xxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement the time of such disclosure, (b) subsequently becomes publicly known through no act or om1ss1on by such Purchaser or any person acting on such Purchaser’s behalf, (c) otherwise becomes known to such Purchaser other than through disclosure by the Company or (d) constitutes financial statements delivered to such Purchaser under Section 7.1 that are otherwise publicly available. Each Purchaser will maintain the confidentiality of such Confidential Information in accordance with procedures adopted by such Purchaser in good faith to protect confidential information of third parties delivered to such Purchaser, provided that such Purchaser may deliver or disclose Confidential Information to (i) its directors, trustees, officers, employees, agents, attorneys and affiliates (to the extent such disclosure reasonably relates to the administration of the investment represented by its Notes), (ii) its financial advisors and other professional advisors who agree to hold confidential the Confidential Information substantially in accordance with the terms of this Section 20, (iii) any other holder of any Note, (iv) any Institutional Investor to which it sells or offers to sell such Note or any part thereof or any participation therein (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by the provisions of this Section 20), (v) any Person from which it offers to purchase any security of the Company (if such Person has agreed in writing prior to its receipt of such Confidential Information to be bound by the provisions of this Section 20), (vi) any federal or state regulatory authority having jurisdiction over such Purchaser, (vii) the NAIC or the SVO or, in each case, any similar organization, or any nationally recognized rating agency that requires access to information about such Purchaser’s investment portfolio, or (...
Confidential lnformation. For purposes of this Agreement, "Confidential lnformation" means any information and data, including but not limited to (a) technology design, processes, and techniques, technical and business information, research and development plans, and information, potential products and services, business plans and models, data interpretations, forecasts, and projections, supplier lists and data, customer lists and data, financial information, employee information, casting and pricing data, potential profit margin data, contracts, and records containing or otherwise reflecting proprietary information., (b) unpatented inventions, ideas, methods and discoveries, trade secrets, know-how, unpublished patent applications and other confidential intellectual property, (c) all designs, specifications, documentation, components, source code, object code, images, icons, audiovisual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, of any of the foregoing, (d) any third-party confidential information included with, or incorporated in, any information provided by the Parties, and (e) all notes, analyses, compilations, reports, forecasts, studies, samples, data, statistics, summaries, interpretations and other materials ("Notes") prepared by or for any Party that contain, are based on, or otherwise reflect or are derived from, in whole or in part, any of the foregoing. DocuSign Envelope ID 53BE56A0-1 EA8-4CC3-BFC3-FBD2B8BE9672 A19-1860 Confidential lnformation does not include any information which: (i) is already in the public domain or becomes available to the public through no breach of this Agreement by the receiving Party, its Representatives or its Affiliates (defined below) or their Representatives; (ii) was rightfully in the receiving Party's or its Affiliates' possession without any obligations of confidentiality prior to receiving the information from the disclosing Party; (iii) has been received by the receiving Party or its Affiliates from a third party without any obligation of confidentiality, provided such third party is not, to the receiving Party's knowledge, in breach of any obligation to confidentiality relating to such information; (iv) is independently developed by the receiving Party or its Affiliates' (v) is approved for release by written agreement of the disclosing Party.
Confidential lnformation. 28 Section 17.03 Protection of Confidential Information .............................................. 29 Section 17.04 Survival ............................................................................................ 30 Highly Confidential Trade Secret Data has been marked in black Trade Secret Data has been marked in xxxx Docket No. E002/M-19-___ Petition - Attachment J PUBLIC DOCUMENT—NOT PUBLIC DATA HAS BEEN EXCISED DocuSign Envelope ID: CC6BCB47-FCB5-4972-A715-C8AA31CF45B4 EXECUTION VERSION Table of Contents Page APPENDICES . ·Appendix A Identification of Company Facilities and Points(s) of Interconnection Appendix A-1 First Group of Identified Company Facilities and Point(s) of Interconnection Appendix A-2 Second Group of Identified Company Facilities and Point(s) of Interconnection Appendix A-3 Third Group of Identified Company Facilities and Point(s) of Interconnection Appendix A-4 Fourth Group of Identified Company Facilities and Point(s) of Interconnection Appendix A-5 Fifth Group of Identified Company Facilities and Point(S) of Interconnection Appendix B Identification of Customer Facilities Appendix C Template for Notice to Construct Appendix D Addresses For Notices Appendix E Form of Guaranty Highly Confidential Trade Secret Data has been marked in black Trade Secret Data has been marked in xxxx Docket No. E002/M-19-___ Petition - Attachment J PUBLIC DOCUMENT—NOT PUBLIC DATA HAS BEEN EXCISED DocuSign Envelope ID: CC6BCB47-FCB5-4972-A715-C8AA31CF45B4 EXECUTION VERSION
Confidential lnformation. 3.1. If either party or any of its Associates (as defined below) disclose such party’s (as “Disclosing Party”) “
Confidential lnformation. 5.1 All Confidential Information has and will be provided to the Buyer.
Confidential lnformation. The Manager acknowledges that, the Company shall produce, develop, implement and have access to material, records, data and information not generally available to the public (“Confidential Information”). Accordingly, the Manager shall hold in confidence and will not directly or indirectly disclose, use, copy or make lists of any such Confidential Information except to the extent authorized in writing by the Company, or as required by law or any competent administrative agency, or as otherwise is reasonably necessary or appropriate in connection with the performance pursuant to this Agreement. Confidential Information includes, but is not limited to, concepts or theories, employee training materials and programs, processes for education and support, policies and procedures, specifications, calculations, data, notes and memoranda, code books, methods of operation, strategies and plans, contracts, financial information, professional fee information, salary and compensation information, cost and profit information, record keeping practices, software, administrative and operational matters and practices, customer and vendor information, development and research work, marketing programs, plans, proposals, and other information about internal systems, processes, concepts, practices, and procedures or other confidential information.
Confidential lnformation. The Consultant recognizes a continuing duty to maintain the confidentiality of, and agrees not to disclose or in any way make use of, any proprietary or confidential information of the Bank acquired during his engagement by the Bank or during and in furtherance of Consultant’s obligations in accordance with this Agreement, except as otherwise required by law. The obligations set forth in this Section 5 shall survive termination of this Agreement.
Confidential lnformation. Xx. X'Xxxx acknowledges that during his employment with the Company he may have learned, conceived, discovered, or invented ideas, inventions, improvements, trade secrets, discoveries, formulas, recipes, standards, processes, and packaging relating to products that the Company produced, manufactured, sold, marketed, distributed, delivered, or had developed or has in development by or for it ("Product Information"). Xx. X'Xxxx also acknowledges that during his employment he may have learned certain information regarding the business, organization, sales, marketing, and distribution techniques and plans, financial data, and other information regarding the affairs of the Company ("Company Information"). Xx. X'Xxxx further acknowledges that all Product Information, whether of a patentable nature or not, and all Company Information constitutes the sole and absolute property of the Company. As such, Xx. X'Xxxx agrees to keep all Product Information and Company Information confidential and shall not use it for any purposes or disclose such matters to anyone except to Company personnel and to others as the Company authorizes. In addition, Xx. X'Xxxx agrees that he shall not divulge, furnish, or make accessible any other confidential information he acquired as a result of or in connection with the access to and use of the Product Information and Company Information or anything relating to the same to any competitor or other person, firm, or corporation except when the Company authorizes him in writing to do so.
Confidential lnformation. 15. All the licensed know-how shall be and remain the sole and exclusive property of Licensor; shall be used by Licensee only in connection with, and for the term of, this Agreement; shall be disclosed by Licensee only to those employees to whom it shall be absolutely necessary in order to facilitate Licensee's operations hereunder, and should be kept and maintained by Licensee as confidential and in secrecy, both during the term of this Agreement and after the termination of this Agreement for 138 any reason. Licensee will take all reasonable measures to prevent its employees and others from divulging licensed know how. However, the provisions of this paragraph shall only apply where the licensed know-how is not published or otherwise in the public domain, from a source other than the Licensee.
