Nonconfidential Information. Notwithstanding anything to the contrary herein, Receiving Party shall have no obligation to preserve the confidentiality of any Confidential Information which:
Nonconfidential Information. This Section 8.3 shall be inoperative as to any portion of the Information which: (1) is or becomes generally available to the public other than as a result of a disclosure by a party or its representatives; (2) becomes available to a party in good faith from a third-party not subject to a confidential obligation to the party; or (3) was known to a party on a nonconfidential basis prior to its disclosure by the other party or one of its representatives.
Nonconfidential Information. Upon request of the Association, the Board shall provide copies of prepared, nonconfidential information and reports.
Nonconfidential Information. Confidential Information shall not include information which (i) at the time of disclosure is readily available in the public domain, or thereafter becomes publicly available other than through a breach of this Agreement; (ii) was already known to Recipient prior to its disclosure by SIBIA as documented in Recipient's written records made prior to such disclosure by SIBIA; (iii) is disclosed to Recipient by a third party who has the right to disclose such information and does not restrict its disclosure; (iv) is independently developed by an employee or agent of Recipient without knowledge of SIBIA's Confidential Information; or (v) is required by law to be disclosed by Recipient.
Nonconfidential Information. Nothing in this Agreement shall prevent the Members from disclosing to others or using in any manner information which the Member can show:
Nonconfidential Information. Confidential Information does not include, and neither party hereto shall have any obligation with respect to disclosure of, information that:
Nonconfidential Information. The term "Confidential Information" shall not include any information which: (a) at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (b) is independently developed by the receiving party, without reference to or use of the Confidential Information of the other party; (c) was known by the receiving party as of the time of disclosure without breach of confidentiality; (d) is lawfully learned from a third party not under obligation to the disclosing party; or (e) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.
Nonconfidential Information. Neither party hereto shall have any obligation with respect to non-disclosure and use of information to the extent such information:
Nonconfidential Information. Nothing in this MOA shall prevent the Members from disclosing to others or using in any manner information which the Member can show:
Nonconfidential Information. The foregoing restrictions shall not apply to information that: (i) is already known to the receiving party without restriction on use or disclosure at the time of communication to the receiving party; (ii) is or becomes publicly known through no wrongful act or inaction of the receiving party; (iii) has been rightfully received from a third party authorized to make such communication, without restriction on use or disclosure; or (iv) has been independently developed by the receiving party. The receiving party shall have the burden of proving the existence of the foregoing exceptions.
