Confidential Item definition

Confidential Item means information disclosed by a Party or its Affiliates (the “Discloser”) to another Party or its Affiliates (the “Recipient”), in written, oral, visual or electronic form, under this Agreement or another agreement between the Discloser and the Recipient either before or after the Effective Date, relating to the Discloser’s or its licensors’, suppliers’ or business partners’ technologies, compounds, research programs, operations and/or financial or business condition, including, without limitation, know-how, data, drawings, designs, specifications, formulations, processes, methods, equipment, software and pricing information (“Proprietary Information”), that is (i) disclosed in writing or other tangible form and marked as “Confidential”, “Proprietary” or with similar words at the time of disclosure, or (ii) orally or visually disclosed and identified as confidential or proprietary at the time of disclosure and confirmed as such in writing within thirty (30) days thereafter. Notwithstanding the foregoing, “Confidential Items” of the Discloser shall not include any information that: 1.11.1 is approved by the Discloser in writing for release by the Recipient without restriction; 1.11.2 the Recipient can demonstrate by written records was previously known to the Recipient, other than through a prior disclosure by the Discloser, or to any third party without an obligation of confidentiality to the Discloser; 1.11.3 is publicly known as of the date of this Agreement, or becomes public knowledge subsequent thereto, through no act or omission of the Recipient or any third party receiving such information from or through the Recipient; 1.11.4 is obtained by the Recipient in good faith from a third party without the violation of any obligation of confidentiality; or 1.11.5 is independently developed by or on behalf of the Recipient without the benefit of the Discloser’s Confidential Items, as shown by competent written records.
View Source
Confidential Item means any document, deposition transcript,
View Source

Examples of Confidential Item in a sentence

  • As used herein, “reasonable safeguards” means all safeguards that a reasonable person would take to protect the Confidential Item in question, which safeguards shall be no less than the safeguards Recipient takes to protect its own confidential or proprietary items of a similar nature.

  • The results of any such audit shall be deemed a Confidential Item of Pioneer and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights and interests hereunder.

  • The results of any such audit or inspection shall be deemed a Confidential Item (defined below) of Showa Denko and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights hereunder.

  • Item 1 Marina Goolwa Boat Haven Item 2 Lessee Name: Confidential Item 3 Leased Area The whole of the land comprised in Crown Record Volume 5778 Folio 28, being the area identified red on the plan in Annexure A.

  • The results of any such audit or inspection shall be deemed a Confidential Item of Panasonic Idemitsu and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights and interests hereunder.

  • The results of any such audit or inspection shall be deemed a Confidential Item of Lumiotec and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights and interests hereunder.

  • The results of any such audit or inspection shall be deemed a Confidential Item of Konica Minolta and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights hereunder.

  • The results of any such audit or inspection shall be deemed a Confidential Item of Kyocera and shall not be disclosed by Universal Display except as may be necessary for Universal Display to enforce its rights hereunder.