Confidential Material

Confidential Material. Means any and all non-public information, whether provided orally or in writing, concerning or relating to the Company (whether prepared by the Company, its Representatives or otherwise) that (a) (i) in the case of non-public information provided in writing is marked as being confidential or (ii) in the case of non-public information provided orally is identified by the Company at the time of disclosure as being confidential and (b) is furnished to a Holder of Registrable Common Stock or... its Representative by or on behalf of the Company pursuant to Section 8(a). "Confidential Material" shall not include information that: (a) is or becomes available to the public generally, other than as a result of disclosure by the relevant Holder or a Representative of such Holder in breach of the terms of this Agreement, or (b) becomes available to the relevant Holder or a Representative of such Holder from a source other than the Company, provided that, the Holder reasonably believes that such source is not bound by a confidentiality agreement with or does not have a contractual, legal or fiduciary obligation of confidentiality to the Company with respect to such information. View More