Confidential Information

Confidential Information. Means all information respecting the business and activities of the Employer or any Affiliate of the Employer, including, without limitation, the clients, customers, suppliers, employees, consultants, computer or other files, projects, products, computer disks or other media, computer hardware or computer software programs, marketing plans, financial information, methodologies, know-how, processes, practices, approaches, projections, forecasts, formats, systems, trade secrets, data gathering... methods and/or strategies of the Employer or any Affiliate of the Employer. Notwithstanding the immediately preceding sentence, Confidential Information shall not include any information that is, or becomes, generally available to the public (unless such availability occurs as a result of Executive's breach of any portion of this Agreement). View More

Confidential Information. All confidential and proprietary information of a Party (in such capacity, the "Disclosing Party") disclosed to the other Party (in such capacity, the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including (i) prices, rates and other financial information; (ii) Personal Information relating to the customers of either Party;... (iii) information that is clearly identified as confidential or proprietary; and (iv) the terms and conditions of this Agreement (other than the existence, Effective Date, and Term hereof). View More

Confidential Information. Any and all information disclosed or made available to the Employee or known by the Employee as a direct or indirect consequence of or through Employee's employment by the Company and not generally known in the industry in which the Company is or may become engaged, or any information related to the Company's products, processes, or services, including, but not limited to, information relating to research, development, inventions, manufacture, purchasing, accounting, engineering, marketing,... merchandising, or selling. View More

Confidential Information. Any information, not generally known, and proprietary to either Party or to a third party, including but not limited to any trade secret information, information relating to pricing, research, customer lists, diagrams, schematics, product development, manufacturing, purchasing, accounting, marketing, merchandising, selling, leasing, finance and business systems and techniques. The term "Confidential Information" does not include information: (i) that by reliable documentary evidence can be... shown to have been already lawfully in the possession of the receiving Party through independent means at the time of disclosure thereof; (ii) is or later becomes part of the public domain through no fault of receiving Party; (iii) that by reliable documentary evidence can be shown to have been lawfully received by the receiving Party from a third party having no obligations of confidentiality to the disclosing Party; (iv) is required to be disclosed by law, by order of a governmental agency, or by a court of competent jurisdiction provided that the Party required to disclose such information pursuant to such law or legal process takes reasonable steps to provide the originally disclosing Party with the opportunity to contest such law, order or legal process; or (v) that by reliable documentary evidence can be shown to have been independently developed by the receiving Party its agents or employees having no access to the information otherwise constituting Confidential Information View More

Confidential Information. Means information proprietary to Capella and not generally known (including trade secret information) about Capella's customers, products, services, personnel, pricing, sales strategy, technology, methods, processes, research, development, finances, systems, techniques, accounting, purchasing, and business strategies. All information disclosed to Employee or to which the Employee obtains access, whether originated by the Employee or by others, during the period of the Employee's employment,... shall be presumed to be Confidential Information if it is treated by Capella as being Confidential Information or if Employee has a reasonable basis to believe it to be Confidential Information. View More

Confidential Information. Information disclosed by a Disclosing Party hereunder when such is identified as the confidential information of the Disclosing Party. Tangible embodiments of information shall be deemed as 'identified as confidential information' if clearly labeled as 'Confidential' or 'Proprietary' or with some other legend or marking indicating the confidential nature of the information. Information that is disclosed verbally or by other non-tangible disclosure to the Receiving Party shall be deemed as... 'identified as confidential information' if it is set forth by the Disclosing Party in a writing clearly labeled 'Confidential' or 'Proprietary' or with some other legend or marking indicating the confidential nature of the information, and the writing is delivered to the Receiving Party within fifteen (15) days of said verbal/non-written disclosure. Information disclosed verbally or by other non-written disclosure to the Receiving Party shall be treated as Confidential Information during the fifteen (15) day period following such disclosure. View More

Confidential Information. Any information relating to or disclosed in the course of the performance of this Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing party or is otherwise marked "Confidential" or "Proprietary" or with words of similar import. For the avoidance of doubt, the Software, the Source Code and the Documentation are all Confidential Information of Licensor

Confidential Information. All information, data or know-how that is contained in or related to the Patent Rights (as defined in the License Agreement) and the Penn Dockets relating thereto and/or the general area of research in the Investigator's laboratory identified in the Signature Page. Confidential Information does not include information, data or know-how that: (a) becomes part of the public domain through no improper action of the Company; (b) was in the possession of the Company at the time of disclosure; (c) is... received by the Company from a third party and is not subject to an obligation of confidentiality owed to such third party; or (d) can be shown by documentation to have been independently developed by Company by individuals who have not had access to Confidential Information. Failure to mark any Confidential Information as confidential or proprietary will not affect its status as Confidential Information under this Agreement. View More

Confidential Information. Confidential information of the Company and its Affiliates, which is defined as secrets, customer lists and credit records, employee data, sales representatives and their territories, mailing lists, consultant arrangements, pricing policies, unique or proprietary operational methods, marketing plans or strategies, product development techniques or plans, research and development programs or plans, business acquisition plans, new personnel acquisition plans, designs and design projects, any... proprietary rights (unless previously publicly disclosed in a manner which would not and does not constitute a breach of these Restrictive Covenants or any relevant agreement) and any other research or business information of the Company which the Company treat as confidential (whether or not a trade secret under applicable law); provided, however, that Confidential Information shall not extend to (i) information now generally known or available to the public or which becomes known or available other than as a result of the breach of an agreement by the Participant or (ii) information known by or in the possession of the Participant prior to being disclosed by the Company and which was known or possessed by the Participant as a result of activities unrelated to the Participant's services to the Company. View More

Confidential Information. Means any and all nonpublic information of Company. Confidential Information includes, without limitation, such information relating to (i) the development, research, testing, manufacturing, marketing and financial activities of Company, (ii) the Services, (iii) the costs, sources of supply, financial performance and strategic and/or business plans of Company, (iv) the identity and special needs of the customers and prospective customers of Company, and (v) the people and organizations with... whom Company has business relationships and those relationships. Confidential Information also includes any information that Company has received, or may receive hereafter, belonging to customers or others with any understanding, express or implied, that the information would not be disclosed. Notwithstanding the foregoing, "Confidential Information" does not include (x) any information that is or becomes generally known to the industry or the public through no wrongful act of Executive or any representative of Executive and (y) any information that is made legitimately available to Executive by a third party without breach of any confidentiality obligation. View More