Information Not Confidential Sample Clauses
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Information Not Confidential. Information shall be deemed not to be confidential if such information is or becomes publicly known through no wrongful act of the receiving party, or is already known by the receiving party as evidenced by competent proof thereof, or is approved for release by the prior written approval of the disclosing party, or is rightfully received by the receiving party from a third party without restriction and without breach of this agreement, or is disclosed by the disclosing party to a third party without a similar restriction on the rights of such third party, or is independently developed by the receiving party without the use of the Confidential Information.
Information Not Confidential. The term “Board’s Confidential Information” does not include information which (i) is generally available to the public, other than as a result of a disclosure by the Board or its representatives; or (ii) is lawfully and properly available to the Proposing Organization on a non-confidential basis from a source not known or reasonably suspected to be prohibited from transmitting the information by a contractual, legal or fiduciary obligation. Likewise, the term “Proposing Organization’s Confidential Information” does not include information which (i) is generally available to the public, other than as a result of a disclosure by the Proposing Organization or its representatives; or (ii) is lawfully and properly available to the Board on a non-confidential basis from a source not known or reasonably suspected to be prohibited from transmitting the information by a contractual, legal or fiduciary obligation.
Information Not Confidential. Notwithstanding the foregoing, such proprietary information shall not be deemed confidential and no party hereto shall have any obligation with respect to any such Proprietary Information that:
(a) was already known to such party;
(b) is or becomes publicly known through publication, inspection of a product, or otherwise, and through no negligence or other wrongful act of such party;
(c) is received by such party from a third party without similar restriction and without breach of this Agreement; 16
(d) is independently developed by such party; or
(e) is required to be disclosed under applicable law or judicial process, including reports required to be publicly filed with the Securities and Exchange Commission.
Information Not Confidential. The following shall not be deemed to be Confidential Information subject to the confidentiality and non-use provisions of this Agreement:
(i) information that was in a party's possession or knowledge at the time of disclosure by the other party and that was not acquired directly or indirectly from such other party as shown by documentary evidence;
(ii) information described in a printed publication distributed otherwise than on an expressly confidential basis; information developed independently by or on behalf of the receiving party as shown by documentary evidence; and
(iii) information disclosed to the receiving party by a third party not having an obligation of confidence of the information to the other party as shown by documentary evidence. No combination of information will be deemed to be within any of the foregoing exceptions, regardless whether the component parts of the combination are within one or more exceptions, unless the combination itself and its economic value and principles of operation are themselves so excepted.
Information Not Confidential. Information that was lawfully in either Party’s possession before receipt of it from the other Party, or information that is or becomes a matter of public knowledge through no fault of either Party, or was independently discovered or developed by either Party, is not considered Confidential Information under the Agreement.
Information Not Confidential. The Landlord acknowledges that all information, documents and correspondence provided by the Landlord City, subject to the Municipal Freedom of Information and Protection of Privacy Act (Ontario) as amended