Common use of Non-Confidential Information Clause in Contracts

Non-Confidential Information. The term "Confidential Information" shall not include any information: (i) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (ii) is independently developed by the receiving party, without reference to or use of, the Confidential Information of the other party; (iii) was known by the receiving party as of the time of disclosure without a breach of confidentiality; (iv) is lawfully learned from a third party not under obligation to the disclosing party; or (v) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.

Appears in 5 contracts

Samples: Cross License and Software Maintenance Agreement (Allscripts Healthcare Solutions Inc), Distribution and Development Agreement (Stentor Inc), License Agreement (Careinsite Inc)

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Non-Confidential Information. The term "Confidential Information" ---------------------------- shall not include any information: (i) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (ii) is independently developed by the receiving party, without reference to or use of, the Confidential Information of the other party; (iii) was known by the receiving party as of the time of disclosure without a breach of confidentiality; (iv) is lawfully learned from a third party not under obligation to the disclosing party; or (v) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Allscripts Healthcare Solutions Inc), Strategic Alliance Agreement (Idx Systems Corp)

Non-Confidential Information. The term "β€œConfidential Information" ” shall not include any information: (i) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (ii) is independently developed by the receiving party, without reference to or use of, the Confidential Information of the other party; (iii) was known by the receiving party as of the time of disclosure without a breach of confidentiality; (iv) is lawfully learned from a third party not under obligation to the disclosing party; or (v) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Allscripts Healthcare Solutions Inc)

Non-Confidential Information. The term "Confidential Information" shall not include any information: (ia) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving partyParty); (iib) is independently developed by the receiving partyParty, without reference to or use of, the Confidential Information of the other partyParty; (iiic) was known by the receiving party Party as of the time of disclosure without a breach of confidentiality; (ivd) is lawfully learned from a third party not under obligation to the disclosing partyParty; or (ve) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party Party shall provide prompt written notice to the other party Party prior to such disclosure.

Appears in 1 contract

Samples: Marketing and Technical Services Agreement (Priceline Com Inc)

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Non-Confidential Information. The term "Confidential Information" shall ---------------------------- not include any information: (i) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (ii) is independently developed by the receiving party, without reference to or use of, the Confidential Information of the other party; (iii) was known by the receiving party as of the time of disclosure without a breach of confidentiality; (iv) is lawfully learned from a third party not under obligation to the disclosing party; or (v) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.

Appears in 1 contract

Samples: License Agreement (Synetic Inc)

Non-Confidential Information. The term "term" Confidential Information" shall not include any information: (i) which at the time of disclosure or thereafter is generally available to or known by the public (other than as a result of a disclosure directly or indirectly by the receiving party); (ii) is independently developed by the receiving party, without reference to or use of, the Confidential Information of the other party; (iii) was known by November 15, 2000 the receiving party as of the time of disclosure without a breach of confidentiality; (iv) is lawfully learned from a third party not under obligation to the disclosing party; or (v) is required to be disclosed pursuant to a subpoena, court order or other legal process, whereupon the receiving party shall provide prompt written notice to the other party prior to such disclosure.

Appears in 1 contract

Samples: Distribution and Development Agreement (Idx Systems Corp)

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