Excluded Information. For purposes of this Agreement, the term “confidential and proprietary information” shall not include (i) information already known or independently developed by the recipient without the use of any confidential and proprietary information, or (ii) information known to the public through no wrongful act of the recipient.
Excluded Information. There will be no obligation of confidentiality or restriction on the use of information where:
Excluded Information. Confidential Information shall not include information: (a) which was known to the Recipient prior to the Recipient’s receipt from the Company; (b) which is now or shall hereafter become, through no act or failure to act upon the part of the Recipient in violation of this Agreement, generally or publicly known; (c) which is hereafter furnished to the Recipient by a third party acting lawfully and without restriction on disclosure; or (d) which is independently developed by the Recipient without the use of the Confidential Information.
Excluded Information. Even if marked as confidential, the obligations in this Section 19 will not apply to information other than Personal Information that is generally available to or known to the public, known by the Receiving Party without obligation of confidentiality before the negotiations leading to this Agreement as demonstrated by the Receiving Party’s written records, independently developed by Receiving Party outside the scope of this Agreement as demonstrated by Receiving Party’s written records, or lawfully disclosed to Receiving Party without restriction by a third party having the right to make the disclosure or required to be publicly disclosed to a tribunal. In the case of required disclosures by Contractor to tribunals, Contractor will promptly notify YHI and at no charge to YHI fully assist (but not itself pursue) YHI to obtain protective orders maintaining the confidentiality of the information.
Excluded Information. Notwithstanding anything in Section 4.1 to the contrary, the term "Confidential Information" shall not include any data or information that (a) is voluntarily disclosed by the Company or has otherwise become generally known to the insurance industry (except for such public disclosure that has been made by or through Executive or by a third person with the knowledge of Executive without authorization by the Company); (b) has been independently developed and disclosed by parties other than Executive or the Company to the public generally without a breach of any obligation of confidentiality by any such person running directly or indirectly to the Company; or (c) otherwise enters the public domain through lawful means.
Excluded Information. The obligations of the parties pursuant to the provisions of this agreement shall not apply to any information that:
Excluded Information. Notwithstanding any provision herein to the contrary, the requirements of this Article XIII shall not apply to any information of either Party which:
Excluded Information. Notwithstanding paragraph 3(a), Protected Information excludes any information that is or becomes part of the public domain through no act or failure to act on the part of EMPLOYEE. Specifically, employees shall be permitted to retain as part of their personal portfolio copies of the employees’ original artwork and designs, provided the artwork or designs have become part of the public domain. In any dispute between the parties with respect to this exclusion, the burden of proof will be on EMPLOYEE and such proof will be by clear and convincing evidence.
Excluded Information. The obligations of the Parties under this Agreement shall not extend to or include Confidential Information exchanged between the Parties that:
Excluded Information. Confidential Information shall not be -------------------- deemed to include the following:
