Exclusions from Confidential Information. Except as required by applicable federal, state or local law or regulation, the term “Confidential Information” as used in this Agreement shall not include information that: (a) is or becomes generally available to and known by the public other than as a result of any violation of this Agreement by the Recipient or any of its Representatives; (b) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information to the Recipient by a legal, fiduciary or contractual obligation to the Disclosing Party; (c) was known by or in the possession of the Recipient or its Representatives prior to being disclosed by or on behalf of the Disclosing Party pursuant to this Agreement; or (d) was or is independently developed by the Recipient without use of any of the Disclosing Party's Confidential Information.
Appears in 8 contracts
Samples: Mutual Confidentiality Agreement, Confidentiality Agreement Sell, Confidentiality Agreement Sell
