Information Not Covered. Notwithstanding the foregoing, the parties agree that Supplier’s obligations with respect to handling, disclosing, reproducing and using such Proprietary Information are not applicable to any portion(s) of the Proprietary Information which: (a) is or becomes generally available to the public other than as a result of disclosure by Supplier or Supplier’s Representatives; (b) was available on a non-confidential basis prior to its disclosure to Supplier and Supplier can verify such availability by written documentation; (c) is or becomes available to Supplier on a non-confidential basis from a source other than the Company when such source is not, to the best of the Supplier’s knowledge, subject to a confidentiality obligation with the Company, or (d) was independently developed by Supplier or Supplier’s Personnel, without reference to the Proprietary Information, and Supplier can verify the development of such information by written documentation.
Information Not Covered. The foregoing shall not apply, and there shall be no obligation upon the Receiving Party, to that part of any Confidential Information that:
Information Not Covered. This Agreement imposes no obligation upon Recipient with respect to information that: (a) does not fall within the scope of Confidential Information described in paragraph 4, or 5; (b) was rightfully in Recipient's possession in tangible form before receipt from Discloser; (c) is or becomes a matter of public knowledge through no fault of the Recipient; (d) is rightfully received by the Recipient from a third party without duty of confidentiality; (e) is independently developed by employees, affiliates or agents of the Recipient without access to Confidential Information of the other party; or (f) is disclosed by Recipient with the Discloser's prior written approval.
Information Not Covered. It is agreed by Company and Recipient that information shall not be deemed Proprietary Information in the event:
Information Not Covered. A receiving party has no obligation with respect to any information which: (A) was lawfully known by the receiving party before receipt of it from the disclosing party; (B) is or becomes generally known to the public through no wrongful act or omission of the receiving party; (C) is rightfully provided to the receiving party by a third party, without restriction on disclosure or use; (D) is independently developed by personnel of the receiving party, without breach of the obligations of confidentiality set forth in this Agreement; (E) is explicitly approved for release by written authorization of the disclosing party, but only to the extent of and subject to such conditions as may be imposed in such written authorization; or (F) is made available by the disclosing party to a third party, without restriction concerning use or disclosure and not in violation of any confidentiality agreement.
Information Not Covered. The Receiving Party will have no obligation with respect to any portion of the Disclosing Party’s Confidential Information that (a) is now, or hereafter becomes, through no act or failure to act on the part of the Receiving Party, generally known or available to the public; (b) was acquired by the Receiving Party before receiving such information from the Disclosing Party and without restriction as to use or disclosure; (c) is hereafter rightfully furnished to the Receiving Party by a third party, without restriction as to use or disclosure; (d) is information which the Receiving Party can document was independently developed by it or on its behalf without reference to the Disclosing Party’s Confidential Information received hereunder; or (e) is disclosed with the prior written consent of the Disclosing Party. The Receiving Party may disclose the Confidential Information pursuant to the requirements of a governmental agency or operation of law, provided that it gives the Disclosing Party reasonable advance notice sufficient to contest such requirement of disclosure, takes all reasonable and lawful actions to avoid and/or minimize the extent of such disclosure, and cooperates with the Disclosing Party, at the Disclosing Party’s cost, if the Disclosing Party wishes to seek a protective order
Information Not Covered. This Agreement imposes no obligation upon Recipient with respect to information that: (a) does not fall within the scope of paragraph 4 or 5; (b) was in Recipient's possession in tangible form before receipt from Discloser; (c) becomes a matter of public knowledge through no fault of Recipient; (d) is rightfully received by the Recipient from a third party without duty of confidentiality: or (e) is independently developed by Recipient.
Information Not Covered. Notwithstanding Section 7(a)(i), the Receiving Party’s obligations with respect to the Disclosing Party’s Proprietary Information are not applicable to Proprietary Information which: (1) is in the public domain; (2) is subsequently developed by a Receiving Party’s employees who have no knowledge of or access to the Disclosing Party’s Proprietary Information; or (3) is disclosed to the Receiving Party by a third party having a bona fide right to do so without breach of this Agreement. Proprietary Information is not deemed to be available to the public or known to a Party merely because it was embraced by a general disclosure or derived from combinations of disclosures generally available to the public or known to SQL or the Company.
Information Not Covered. It is agreed by NYMOX and RIH that information shall not be deemed Proprietary Information in the event:
Information Not Covered. Information shall not be deemed Proprietary Information in the event:
