Common use of Provision of Confidential Matter Clause in Contracts

Provision of Confidential Matter. During the term of this Agreement, the Parties may provide and/or disclose to each other certain information, which may be written or oral, that the Parties, their respective affiliates or their customers deem confidential and proprietary (including know how and trade secrets), whether or not such information is labeled as confidential or proprietary at the time it is provided or disclosed ("Confidential Matter"). Confidential Matter also shall include information relating to third party vendors or information that is proprietary to the disclosing Party's customers or Affiliates. (The Party providing Confidential Matter is referred to in this Section 6 as the "Providing Party," and the Party receiving Confidential Matter is referred to in this Section 6 as the "Receiving Party"). For purposes of this Agreement, Confidential Matter shall not include (a) information that was in the Receiving Party's possession, without restriction, prior to its disclosure to the Receiving Party by the Providing Party, (b) information that lawfully enters the public domain without violation of this Section 6 by the Receiving Party, (c) information that the Receiving Party lawfully receives from a third party without restriction and without violation of any duty of confidentiality owed to the Providing Party, and (d) information that is independently developed by the Receiving Party without use of or reference to the Confidential Matter.

Appears in 2 contracts

Samples: Data Distribution Agreement (Instinet Group Inc), Data Distribution Agreement (Instinet Group Inc)

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Provision of Confidential Matter. During the term of this Agreement, the Parties may shall provide and/or disclose to each other certain information, which may be written or oral, that the Parties, their respective affiliates or their customers deem confidential and proprietary (including know how and trade secrets)proprietary, whether or not such information is labeled as confidential or proprietary at the time it is provided or disclosed ("Confidential Matter"). Confidential Matter also shall include information relating to third party vendors or information that is proprietary to the disclosing Party's customers or Affiliatesaffiliates. (The Party providing Confidential Matter is referred to in this Section 6 2 as the "Providing Party," and the Party receiving Confidential Matter is referred to in this Section 6 2 as the "Receiving Party"). For purposes of this Agreement, Confidential Matter shall not include (a) information that was in the Receiving Party's possession, without restriction, prior to its disclosure to the Receiving Party by the Providing Party, (b) information that lawfully enters the public domain without violation of this Section 6 2 by the Receiving Party, (c) information that the Receiving Party lawfully receives from a third party without restriction and without violation of any duty of confidentiality owed to the Providing Party, and (d) information that is independently developed by the Receiving Party without use of or reference to the Confidential MatterParty.

Appears in 1 contract

Samples: Testing and Certification Agreement (Instinet Group Inc)

Provision of Confidential Matter. During the term of this Agreement, the Parties may The Providing Party expects to provide and/or disclose to each other the Receiving Party certain information, which may be written or oral, that which the Parties, their respective affiliates or their customers deem Providing Party deems confidential and proprietary (including know how and trade secrets)proprietary, including, without limitation, customer names, business plans, financial information, projections, plans, flowcharts, sketches, software, data, other technical or business information and/or information relating to marketing plans and/or forecasts, development plans and/or current, future, proposed or unannounced products, and/or service capabilities, whether or not such information is labeled as confidential or proprietary at the time it is provided or disclosed (collectively, the "Confidential Matter."). ) Confidential Matter also shall include information relating to third party vendors or information that is proprietary to the disclosing Party's customers or Affiliates. (The Party providing Confidential Matter is referred to in this Section 6 as the "Providing Party," and the Party receiving Confidential Matter is referred to in this Section 6 as the "Receiving Party"). For purposes of this Agreement, Confidential Matter shall does not include (a) information that which was in the Receiving Party's possession, without restriction, prior to its disclosure to the Receiving Party by the Providing Party, as evidenced in writing, (b) information that which lawfully enters the public domain without violation of this Section 6 Confidentiality Agreement by the Receiving Party, (c) information that which the Receiving Party lawfully receives from a third party without restriction and restriction, without violation by the Receiving Party of any duty of confidentiality owed to the Providing Party, this Confidentiality Agreement and (d) information that is which was independently developed by the Receiving Party party without any use of or reference to the Confidential Matter.

Appears in 1 contract

Samples: Business Services Agreement (Instinet Group Inc)

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Provision of Confidential Matter. During the term of this Agreement, the Parties may shall provide and/or disclose to each other certain informationinformation (including, without limitation, information concerning that Party's business, products or technical systems), which may be written or oral, that the Parties, their respective affiliates or their customers deem confidential and proprietary (including know how and trade secrets)proprietary, whether or not such information is labeled as confidential or proprietary at the time it is provided or disclosed ("Confidential Matter"). Confidential Matter also shall include information relating to third party vendors or information that is proprietary to the disclosing Party's customers or Affiliatesaffiliates. (The Party providing Confidential Matter is referred to in this Section 6 3 as the "Providing Party," and the Party receiving Confidential Matter is referred to in this Section 6 3 as the "Receiving Party"). For purposes of this Agreement, Confidential Matter shall not include (a) information that was in the Receiving Party's possession, without restriction, prior to its disclosure to the Receiving Party by the Providing Party, (b) information that lawfully enters the public domain without violation of this Section 6 3 by the Receiving Party, (c) information that the Receiving Party lawfully receives from a third party without restriction and without violation of any duty of confidentiality owed to the Providing Party, and (d) information that is independently developed by the Receiving Party without use of or reference to the Confidential MatterParty.

Appears in 1 contract

Samples: Vendor Interface Agreement (Instinet Group Inc)

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