Termination of Obligation of Confidentiality. The receiving party will not be liable for the disclosure of any Confidential Information which is:
Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 7 of this Agreement shall cease to apply to Confidential Information after the EARLIEST of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iv) has become generally known to the public in the United States through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company; or (vi) was independently developed by the Executive without the use of the Confidential Information.
Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 9 of this Agreement shall cease to apply to Confidential Information after the earliest of the date on which the Executive provides the Company with written evidence clearly establishing that the Confidential Information which has been treated by the Company or any other subsidiary as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company or any subsidiary; (iv) has become generally known in the Company's industry through no fault of the Executive; (v) has been disclosed to Executive free of any obligation of confidentiality by a third party who has the right to disclose the same and who did not derive the information from the Company or any subsidiary; or (vi) was independently developed by the Executive without the use of the Confidential Information.
Termination of Obligation of Confidentiality. The confidentiality obligations set forth in this Agreement shall bind the Parties for a period of five (5) years from the date of disclosure of Confidential Information, unless any of the exceptions set forth in Section 4 below occurs.
Termination of Obligation of Confidentiality. The confidentiality obligations imposed by Section 5.1 shall cease to apply to Confidential Information after the EARLIEST of the date on which the Confidential Information which has been treated by the Company as Confidential Information: (i) was known to Executive before it was obtained from the Company; (ii) was publicly available on the date of first receipt from the Company; (iii) has become generally known to the public in the United States through no fault of Executive; (iv) has been disclosed to Executive free of any obligation of confidentiality by a third party who, to the knowledge of Executive, has the right to disclose the same and did not derive the information from the Company; or (v) was independently developed by Executive without the use of the Confidential Information; provided that, with respect to clauses (i), (iv) and (v) only, such date must be established through Executive providing the Company with written evidence clearly establishing such exception.
Termination of Obligation of Confidentiality. Recipient will not be liable for the disclosure of any Restricted Secret Information which is, prior to Recipient's disclosure:
Termination of Obligation of Confidentiality. There shall be no liability for disclosure of any Confidential Information which is (a) in the public domain other than by a breach of this Agreement on the part of the receiving party; (b) rightfully received from a third party without any obligation of confidentiality; (c) rightfully known to the receiving party without any limitation on use or disclosure prior to its receipt from the disclosing party; or (d) independently developed by employees of the receiving party; or (e) generally made available to third parties by the disclosing party without restriction on disclosure.
Termination of Obligation of Confidentiality. The Recipient shall not be liable for disclosure of Confidential Information that: (a) was in the public domain at the time it was communicated to the Recipient by NVIDIA, or entered the public domain subsequent to the time it was communicated to the Recipient by NVIDIA other than by a breach of this Agreement by the Recipient; (b) is or was rightfully received or known by the Recipient without restriction on disclosure or any obligation of confidentiality; (c) is or was independently developed by employees of Recipient; (d) is or was generally made available to third parties by NVIDIA without restriction on disclosure; or (e) is required to be disclosed in response to a valid order by a court or other governmental body, provided that the Recipient provides NVIDIA with prior written notice of such disclosure in order to permit NVIDIA to seek confidential treatment of such information.
Termination of Obligation of Confidentiality. The Disclosing Party agrees that, the above clauses (i), and (ii) shall not apply with respect to any information which is: rightfully in the public domain other than by a breach of a duty to the Disclosing Party; or rightfully in possession or known or received by the Receiving Party, prior to receipt from the Disclosing Party; or rightfully disclosed to it by a third party without restriction or obligation to confidentiality. The Disclosing Party may, at any time: may cease giving any confidential information to the Receiving Party without any liability; and/or mayrequest in writing the return or destruction of all or part of its confidential information disclosed earlier to the Receiving Party and all copies thereof, and the Receiving Party will promptly comply with such request and certify in writing its compliance. This Agreement shall be governed by the law of the State of Odisha without regard to the conflicts of law provisions thereof. Any suit brought by either party against the other party for claims arising out of this agreement will be brought in the district court for the district of Khurda, or in the event that court lacks jurisdiction to hear the claim, in the High Court of Odisha, Cuttack. This Agreement is personal to the Parties and the Parties will not directly or indirectly assign, delegate or transfer this Agreement or the rights or obligations hereunder without the prior written permission of the other Party. Any amendment to or modification of this Agreement or any waiver of any provisions hereof shall be in writing and signed by both the parties. The Agreement may be modified only after the written consent of either party. The Receiving Party may make disclosures required by court order provided the Receiving Party uses its best efforts to limit disclosure and to obtain confidential treatment or a protective order and has allowed the Disclosing Party to participate in the proceeding. For the convenience of the parties, this Agreement may be executed by facsimile or electronic email by Replying as “CONFIRMED AGREEMENT DATED 28THFEBRUARY2021” with attachment of agreement in PDF file. For DISCLOSING PARTY For RECEIVING PARTY Signature:________________ Signature:__________________ Name: Name: Title: Title: Organization: Organization: Dated: ____/_____/____ Dated: ____/_____/____
Termination of Obligation of Confidentiality. The obligations of the parties under this Agreement shall terminate on completion of the Proposed Transaction .
