DELTAGEN CONFIDENTIAL INFORMATION

DELTAGEN CONFIDENTIAL INFORMATION. Shall mean (i) DeltaBase; (ii) the Deltagen Intellectual Property and Deltagen Patent Rights; (iii) the content (but not the existence) of this Agreement; and (iv) all other data and/or information of any kind whatsoever (including without limitation, data, databases, compilations, formulae, schemata, models, patent disclosures, procedures, processes, projections, protocols, ... results of experimentation and testing, specifications, strategies and techniques), and all tangible and intangible embodiments, of any kind, of such information (including without limitation, apparatus, compositions, documents, drawings, machinery, patent applications, records, laboratory and research notebooks, memoranda and reports), insofar as Deltagen has disclosed them to Pfizer and at the time of disclosure has identified them as confidential, or if disclosed or obtained orally or visually (or otherwise in a non-written form), was described or summarized in a writing or other tangible form and identified as confidential to Pfizer within thirty (30) days of such disclosure. Notwithstanding the foregoing, the obligations of Pfizer with respect to Deltagen Confidential Information shall not apply to any information which Pfizer can establish by written documentation (a) to be publicly known at or after the time of Deltagen's disclosure without fault by Pfizer; (b) to have been received by Pfizer at any time from a source other than Deltagen, where such source is not under an obligation of confidentiality to Deltagen; or (c) to have been otherwise known by Pfizer before disclosure by Deltagen. View More