Common use of Information Not Covered Clause in Contracts

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.