Non-Proprietary Information definition
Non-Proprietary Information means information which the Consultant proves:
Non-Proprietary Information means information with respect to which Recipient is able to establish:
(i) that at the time of disclosure it was or thereafter became generally available to the public other than as a result of any act or omission by Recipient or its Representatives or anyone to whom Recipient or its Representatives disclosed such information;
(ii) it was or became lawfully known to Recipient or its Representatives on a non-confidential basis and not in contravention of any applicable law from a source (other than Provider) that is entitled to disclose the information;
(iii) if the information is not subject to another confidentiality agreement or other obligation of secrecy; it was already in the possession of Recipient or its Representatives or was lawfully acquired by them; or
(iv) was independently developed by Recipient or its Representatives without violating its or their obligations under this Agreement, provided that, any combination of the information which comprises part of the Confidential Information shall not be deemed to be Non-proprietary Information merely because individual parts of that information were within the above clauses unless the combination itself was within any of the above clauses.
Non-Proprietary Information means information in any way related to the assets, business or affairs of Twin Butte and its Subsidiaries, that:
(i) at the time of its disclosure is in or thereafter, prior to any default under this Agreement, enters the public domain other than as a result of any act or omission (direct or indirect) by the Recipient or any of its Representatives or anyone to whom the Recipient or any of its Representatives may provide such information (as demonstrated by documentary evidence);
(ii) is provided to the Recipient or its Representatives on a non-confidential basis and not in contravention of an obligation of confidence or applicable law by a source (other than the Disclosing Parties) that is entitled to disclose the information;
(iii) was already in the possession of the Recipient or its Representatives (as demonstrated by written records) on a non-confidential basis from a source other than the Disclosing Party prior to the date hereof, provided that such source was entitled to disclose such information and did not contravene an obligation of confidence or applicable law by disclosing such information; or
(iv) is identified as such by Twin Butte in writing; provided that any combination of information which comprises part of the Confidential Information shall not be deemed to be Non-proprietary Information merely because individual parts of that information are Non-proprietary Information, unless the combination is Non- proprietary Information as described in (i), (ii), (iii) or (iv) above in its entirety. Recipient further acknowledges and agrees that for the purposes of classifying information under subparagraph 1(b)(d) above, where any of the Confidential Information includes information which indicates that title to any of Twin Butte’s property is or may be susceptible to attack (often referred to as a “top lease” opportunity), then even if the various pieces of information necessary to identify the title defect (e.g., lease agreements, production histories, etc.) are available to the public, the existence of such a title defect shall not be considered to be “in the public domain” if the existence of such defect is first discovered or learned of by Recipient or its Representatives in connection with the review of the Confidential Information. Recipient agrees that it shall not and shall assure that all of its Representatives do not take advantage of or inform any other Person of the existence of any such title defect.
Examples of Non-Proprietary Information in a sentence
To the extent requested by the Purchaser in writing prior to the Closing, the Company covenants to return all Non-Proprietary Information to the owners, licensors or vendors thereof prior to the Closing.
Neither the Terms and Conditions for Submission of Non-Proprietary Information or Submission of Proprietary Information apply to your submission of a request for us to produce for you or use on your behalf a product or process which you already have patented.
More Definitions of Non-Proprietary Information
Non-Proprietary Information means information that: a) is or becomes publicly available without a breach of this Agreement; or b) is already known to the Receiving Party at the time of its disclosure by the Disclosing Party, and is not subject to confidentiality restrictions imposed by the Disclosing Party; or
Non-Proprietary Information means information in any way related to the assets, business or affairs of ▇▇▇▇ and its Subsidiaries, that:
(i) at the time of its disclosure is in or thereafter, prior to any default under this Agreement, enters the public domain other than as a result of any act or omission (direct or indirect) by the Recipient or any of its Representatives or anyone to whom the Recipient or any of its Representatives may provide such information (as demonstrated by the Recipient through documentary evidence);
(ii) is provided to the Recipient or its Representatives on a non-confidential basis and not in contravention of an obligation of confidence or applicable law by a source (other than the Disclosing Party) that is entitled to disclose the information;
(iii) was already in the possession of the Recipient or its Representatives (as demonstrated by written records) on a non-confidential basis from a source other than the Disclosing Party prior to the date hereof, provided that such source was entitled to disclose such information and did not contravene an obligation of confidence or applicable law by disclosing such information; or
(iv) is identified as such by the Disclosing Party in writing;
Non-Proprietary Information means information in any way related to the assets, business or affairs of HCB and its Subsidiaries, that:
Non-Proprietary Information means
(i) information which is within the public domain at the date of its disclosure to the receiving party or which thereafter enters the public domain otherwise than through the acts or omissions of the receiving party, its subcontractors, employees or any other person under an obligation to hold same confidential,
(ii) information which is already known to the receiving party at the time of its disclosure to the receiving party by the disclosing party and is not subject to confidential restrictions, or
(iii) information which, following its disclosure, was received by the receiving party without obligation of confidence from a third party who the receiving party had no reason to believe was not lawfully in possession of such information free of any obligation of confidence.
Non-Proprietary Information means the information:
Non-Proprietary Information has the meaning specified in Section 7.11.
Non-Proprietary Information means:
(i) information which is within the public domain at the date of its disclosure to the Receiving Party or which thereafter enters the public domain otherwise than through the acts or omissions of the Receiving Party, its subcontractors, employees, or any other person under an obligation to hold the same confidential;
(ii) information which is already known to the Receiving Party at the time of its disclosure to the Receiving Party by the Disclosing Party and is not subject to confidential restrictions, or
(iii) information which, following its disclosure, was received by the Receiving Party without obligation of confidence from a third party, unless the Receiving Party had reason to believe that the third party was not lawfully in possession of such information free of any obligation of confidence.