PLK Confidential Information means secret, confidential or proprietary information of PLK, including without limitation, (i) the Popeyes Formulas and PLK Formulas; (ii) other trade secrets of PLK; (iii) food preparation processes, procedures, methods and PORTIONS OF THIS AGREEMENT MARKED BY "***" HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION manufacturing techniques developed by PLK; (iv) marketing plans; (v) test products; (vi) strategic plans; (vii) pricing plans and structures; and (viii) lists of Franchisees and lists of products and supplies approved by PLK. The term "PLK Confidential Information" does not include information that has become generally, readily, and freely available to the public by the act of a person or entity (other than by Diversified or any affiliate or representative of Diversified or any person or entity acting in concert with or with the assistance or encouragement of Diversified) that has the right to disclose such information without violating any right of PLK (such as, for example, the filing of information by PLK with the Securities and Exchange Commission on EDGAR). The term "PLK Confidential Information" does not include information which was known to Diversified prior to its disclosure by PLK (except for the Popeyes Formulas that have been transferred from Diversified to PLK under the terms of the Transfer Agreement), or that is independently developed by Diversified, in each case without using the PLK Confidential Information. "PLK Confidential Information" also does not include the Diversified Formulas.
Examples of PLK Confidential Information in a sentence
Any reproductions, notes, specifications, manuals, summaries or similar documents relating to the trade secrets of PLK and PLK Confidential Information shall become and remain the property of PLK immediately upon creation and Diversified agrees to assign, and hereby does assign to PLK, all of its right, title and interest in and to the same, including any proprietary rights and intellectual property rights therein.
Ownership of all trade secrets of PLK and the PLK Confidential Information (including any furnished or disclosed by PLK to Diversified hereunder or previously) is and shall remain the property of PLK.
In addition, Diversified hereby assigns to PLK Diversified's rights under such existing sublicense agreements with respect to the Popeyes Formulas and PLK Formulas and any other PLK Confidential Information, while Diversified retains its rights under such existing sublicense agreements with respect to its confidential manufacturing techniques and any other Diversified Confidential Information.