Common use of Confidentiality and Use of Information Clause in Contracts

Confidentiality and Use of Information. Each Partner will keep confidential all information regarding the business of the Partnership and will not use any such information in any manner not related to the business of the Partnership; provided, however, that the term "information" as used in this Section does not include any information that (i) is or becomes generally available to and known by the public or the petroleum refining industry (other than as a result of an unpermitted disclosure directly or indirectly by the Partnership or a Partner), (ii) is or becomes available to a Partner on a nonconfidential basis from a source other than the Partnership or a Partner; provided, however, that such source is not and was not bound by a confidentiality agreement with, or other obligation of secrecy to, the Partnership or any other Partner, (iii) has already been or is hereafter independently acquired or developed by a Partner without violating any confidentiality agreement with or other obligation of secrecy to the Partnership or another Partner or (iv) is generated by the Partnership with the intention that it not be held as confidential.