Common use of NON-PROPRIETARY INFORMATION Clause in Contracts

NON-PROPRIETARY INFORMATION. Neither party shall be obligated or required to maintain in confidence any information which it can demonstrate with written records (i) is in the public domain or known to the receiving party prior to disclosure by the originating party, (ii) becomes known to the public after disclosure by the originating party, other than through breach of the Agreement, (iii) becomes known to the receiving party from a source other than the disclosing party without breach of any obligation of confidence, or (iv) is or has been furnished to a third party by the originating party without restriction on the third party's right to disclose.

NON-PROPRIETARY INFORMATION. Neither party shall be obligated or required --------------------------- to maintain in confidence any information which it can demonstrate with written records (ia) is in the public domain or known to the receiving party prior to disclosure by the originating party, (iib) becomes known to the public after disclosure by the originating party, other than through breach of the Agreement, (iiic) becomes known to the receiving party from a source other than the disclosing party without breach of any obligation of confidence, or (ivd) is or has been furnished to a third party by the originating party without restriction on the third party's right to disclose.