Confidential Information

Confidential Information. Confidential and proprietary information and trade secrets of the Company and Affiliates including, without limitation, information and data with respect to: (i) the identity of the investors in the Company, its owners and Affiliates; (ii) the holdings, contractual agreements (including this Agreement), intangible assets, and intellectual property portfolio of the Company and Affiliates including, without limitation, trademarks and trade names, processes, systems, concepts, formulae, software,... databases, inventions, data, forecasts, methods of doing business, business opportunities, marketing plans and strategies, business plans or practices, business operations, employees, research and development products or information, market knowledge, sales objectives and strategies, know how and other forms of material non-public information of such companies; (iii) the past, present and future confidential business relationships, client lists, actual and potential customer lists, sponsor lists, investment opportunities and investment plans of the Company and Affiliates, (iv) the historical financial information, financial projections, strategic plans, marketing research, pricing information and accounting and financing data and customer information of the Company and Affiliates, and (v) third party information which Company has a duty to maintain as confidential. Confidential Information shall include information concerning the Company's or any Affiliate's customers and/or employees, such as their identity, address, or any other information kept by the Company or any Affiliate concerning its customers and/or employees regardless of whether such information has been reduced to documentary or tangible form. Executive acknowledges and agrees that the Confidential Information constitutes trade secrets and/or proprietary information of the Company. All such Confidential Information shall constitute the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, registrations and other rights in connection therewith, including all originals and copies thereof in any form. Confidential Information may exist in electronic, written, visual, verbal or audio form, or some combination thereof, and its form does not affect whether the information is within the scope of the definition of Confidential Information set forth in this Section. There is no requirement that Company's Confidential Information be marked with any legend or notation confirming its confidential status to be afforded protection under this paragraph. Whenever Confidential Information is incorporated into a new document, electronic file, notes or other tangible media, such media shall become and be construed to be Confidential Information, subject to all of the terms and conditions set forth in this Agreement View More

Confidential Information. Tangible or intangible and whether or how stored, complied or memorialized (i) proprietary information or document controlled or owned by one party, including but not limited to formula, pattern, program, process, chart, figure, software, report, method, strategy, plan, concept, device, tool, specification, drawing, design, model, prototype, sample, analysis code, invention, patent application and license relating to such party's products, technology, quality control, testing, factory,... procurement, production, distribution, financial situation, research and development, personnel, legal affairs and customers, (ii) discussion, negotiation and agreements between both parties, (iii) any information in relation to NSGT's factories, layout, equipment, operation and facility, and (iv) the existence of this Agreement and the terms and conditions herein. View More

Confidential Information. All information, whether disclosed prior to or after the Effective Date hereof, that relates to either Party's non-public present and future products, business plans, business opportunities, pricing, marketing plans, financial information, analyses, compilations, research, development, know-how, technology, designs, ideas, concepts, inventions, discoveries, methods, combinations, techniques, solutions, systems, specifications, software, code, communications protocols, algorithms, prototypes,... devices, or other intellectual property, or third party confidential information disclosed through dealings or discussions between the Parties, including derivations, revisions and improvements thereto, and the existence and details of dealings or discussions between the Parties. Confidential Information may be furnished in tangible and intangible form including, but not limited to, writings, drawings, schematics, flow charts, computer and other electronic media, samples, demonstrations and oral communications. Confidential Information furnished in written form shall be marked as confidential or bear a marking of like import, and if furnished orally or by demonstration shall be designated as confidential at the time of initial disclosure arid described generally in a written summary to be sent to the receiving Party within thirty (30) days after such initial disclosure. Information which is not so marked or claimed shall not be treated as Confidential Information under this Agreement View More

Confidential Information. Information and data concerning the Company, any Affiliates, the business of the Company and its Affiliates, the customers, suppliers, clients and employees of the Company and its Affiliates (including, without limitation, contact information, compensation and benefits information and performance information) and all technical information relating to such business (including, without limitation, information related to know-how, trade secrets, processes, reports, manuals, purchases, sales,... customers, customer lists, confidential information, financial and marketing data, business plans and the strategic direction of the Company and its Affiliates). With respect to any particular Participant, "Confidential Information" does not include any of the following: (i) Information that is or becomes generally available to the public through no act or omission on the part of the Participant. Information shall be deemed part of the public domain solely to the extent that it is generally known to the public, is found in any one public source or is readily ascertainable from a public domain source or sources or from other publicly available information; or (ii) Information that the Participant receives from a third party who is free to make such disclosure without breach of any contractual or other legal obligation. View More

Confidential Information. Any databases, computer programs, screen formats, screen designs, report formats, interactive design techniques and other similar or related information that may be furnished to the Company by the Custodian from time to time pursuant to this Agreement.

Confidential Information. Means, collectively, (i) any non-public documentation or other non-public materials of either Party, (ii) any Index and any information related to any Index (including any index rules), (iii) any other information related to this Agreement which is conveyed during the Term and identified as "Confidential" at the time of disclosure, and (iv) the terms of this Agreement and any Schedule. Notwithstanding the foregoing, the defined term "Confidential Information" expressly excludes: (I) any... information which is available to the public or to the receiving Party of such information from sources other than the providing Party (provided that such source is not subject to a confidentiality obligation with regard to such information), (II) any information which is independently developed by the receiving Party without use of, or reference to, the information of the providing Party, (III) any information that was known to the receiving Party prior to its disclosure by the providing Party, and/or (IV) any information which is or becomes publicly available without breach of this Agreement by the receiving Party. View More

Confidential Information. Data and information relating to the Business of the Company which is or has been disclosed to the Executive or of which the Executive becomes aware as a consequence of or through the Executive's relationship to the Company and which has value to the Company and is not generally known to its competitors. Without limiting the foregoing, Confidential Information shall include: (a) all items of information that could be classified as a trade secret pursuant to Virginia law; (b) the names,... addresses and banking requirements of the Customers of the Company and the nature and amount of business done with such Customers, including loan terms, expiration or renewal dates on investments, fee schedules, proposals to Customers or Prospects to provide products or services; (c) information regarding the skills and compensation of Executives of the Company; (d) information provided by third parties that is subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited purposes; (e) application, operating system, communication and other computer software and derivatives thereof, including access codes, data bases and manuals of the Company; (f) strategic plans and forecasts, marketing plans and forecasts, accounting, budget and financial information regarding the Company's operations, marketing techniques and plans for future product development, budgets, pricing policies, loan policies, quoting procedures, and the identity of Prospects, internal publications and memoranda. Confidential Information shall not include any data or information that has been voluntarily disclosed to the public by the Company (except where such public disclosure has been made by the Executive without authorization) or that has been independently developed and disclosed by others outside of the Company, or that otherwise enters the public domain through lawful means View More

Confidential Information. Means any Sprouts trade secret (as defined by applicable law) and any non-trade secret information of a non-public, confidential, proprietary, or competitively sensitive nature, whether in tangible (including electronic) or intangible form, including, but not limited to: product information; information concerning service offerings and methods of doing business; customer data; pricing formulations; non-public financial information; strategic business and development plans; vendor and supplier... lists; technical and statistical data; strategic plans; purchasing, accounting, marketing, merchandising, pricing, selling, and distribution plans, reports and analytical data; and similar information related to Sprouts' business operations and dealings. "Confidential Information" does not include information that has become publicly known or made generally available to the public through no wrongful act by me or by anyone else who was under confidentiality obligations as to the information involved, and also does not include the general knowledge, skills, experience, and abilities that I have developed prior to or during my employment with Sprouts, which I may use in subsequent employment so long as I do not use or disclose Confidential Information. View More

Confidential Information. Any business or technical information of Acacia or FSA disclosed for the purposes of this Agreement that is either (a) marked as "confidential" or "proprietary" or, when disclosed orally, (b) identified as "confidential" or "proprietary" at the time of the oral disclosure and within [**] days of such disclosure reduced to writing and furnished to the receiving Party, or (c) by its nature or by the circumstances surrounding its disclosure should be understood by a reasonable person in the... industry to be confidential or proprietary. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (iv) is rightfully received by the receiving party from a third party without restriction on use or disclosure; or (v) is disclosed with the prior written approval of the disclosing party. For the avoidance of doubt, the roadmap information about either party's products shall be deemed to be the Confidential Information of the respective disclosing party. View More

Confidential Information. The confidential and proprietary information within the Co-Owned Subject Matter