Common use of Information Defined Clause in Contracts

Information Defined. During the term of this Agreement and in the course of Consultant’s performance hereunder, Consultant may receive and otherwise be exposed to confidential and proprietary information of Company relating to Company’s business practices, finances and expenses, customer lists, strategies, designs, technologies and inventions. Such information may include, but is not limited to, documents, prototypes, compounds, samples, formulations, technical data, trade secrets, know-how, research, devices, components, materials, product or business plans, services, customer and collaborator lists, market analyses, software, assays, discoveries, inventions, ideas, techniques, processes, designs, drawings, marketing plans, financial analyses or equipment. Any of this information, in whatever form and whether or not marked as confidential or proprietary, and all derivatives, improvements and enhancements to any of the above, whether provided to Consultant, or created or developed by Consultant under this Agreement, as well as information of third parties as to which Company has an obligation of confidentiality shall all be treated as the confidential and proprietary information of Company (all of the above collectively referred to as “Information”). Notwithstanding anything to the contrary herein, Consultant and Company acknowledge and agree that any information that Consultant can demonstrate by written documentation to have become publicly known without fault on the part of Consultant shall not be deemed to be “Information” hereunder. Information received by Consultant in her previous capacity as the Company’s Chief Medical Officer remains subject to that certain At Will Employment, Confidential Information, Invention Assignment and Arbitration Agreement dated May 12, 2020 (as subsequently amended).

Information Defined. During the term of this Agreement and in the course of Consultant’s performance hereunder, Consultant may receive and otherwise be exposed to confidential and proprietary information of Company relating to Company’s business practices, finances and expenses, customer lists, strategies, designs, technologies and inventions. Such information may include, but is not limited to, documents, prototypes, compounds, samples, formulations, technical data, trade secrets, know-how, research, devices, components, materials, product or business plans, services, customer and collaborator lists, market analyses, software, assays, discoveries, inventions, ideas, techniques, processes, designs, drawings, marketing plans, financial analyses or equipment. Any of this information, in whatever form and whether or not marked as confidential or proprietary, and all derivatives, improvements and enhancements to any of the above, whether provided to Consultant, or created or developed by Consultant under this Agreement, as well as information of third parties as to which Company has an obligation of confidentiality shall all be treated as the confidential and proprietary information of Company (all of the above collectively referred to as “"Information”"). Notwithstanding anything to the contrary herein, Consultant and Company acknowledge and agree that any information that Consultant can demonstrate by written documentation to have become publicly known without fault on the part of Consultant shall not be deemed to be “Information” hereunder. Information received by Consultant in her his previous capacity as the Company’s Chief Medical Financial Officer and Chief Operating Officer remains subject to that certain At Will Employment, Confidential Information, Invention Assignment and Arbitration Agreement dated May 12July 29, 2020 2019 (as subsequently amended).