Exceptions. Confidential Information shall not include information to the extent such information (i) is already known to the receiving party free of any restriction at the time obtained, including information in the public domain; (ii) is subsequently learned from an independent third party free of restriction; (iii) becomes publicly known through no breach of this Article; or (iv) is independently developed by one party without reference to information which is confidential.
Appears in 347 contracts
Sources: Fifth Amended and Restated Agreement for Administrative Services (Federated Hermes MDT Series), Administrative Services Agreement (Federated Hermes Core Trust), Administrative Services Agreement (Federated Hermes ETF Trust)
Exceptions. Confidential Information shall not include information to the extent such information (i) is already known to the receiving party free of any restriction at the time obtained, including information in the public domain; (ii) is subsequently learned from an independent third party free of restriction; (iii) becomes publicly known through no breach of this ArticleSection; or (iv) is independently developed by one party without reference to information which is confidential.
Appears in 2 contracts
Sources: Fund Participation Agreement (Protective COLI VUL), Recordkeeping Agreement (Aul American Unit Trust)