Common use of Confidentiality and Non-Circumvention Clause in Contracts

Confidentiality and Non-Circumvention. A. Each party will treat information provided by the other party pursuant to this Agreement as confidential ( as it relates to the Company, the "Confidential Information"; as it relates to ▇▇▇▇▇▇, the "Confidential Contacts"). The recipient thereof will not, directly or indirectly (a) transfer or disclose any Confidential Information or Confidential Contacts, as the case may be, to any third party (other than its representatives as hereinafter provided or otherwise as required by law), (b) use any Confidential Information or Confidential Contacts, as the case may be, for any purpose other than for its representatives without the prior written approval of the disclosing party. B. As used herein: (a) as it relates to the Company, "Confidential Information" will include, regardless of the medium, all confidential and proprietary information so marked when disclosed, including financial data, research, know-how, test data, technology, and other trade secrets relating to the Company, furnished or made available by the Company. Notwithstanding the foregoing, the Company's Confidential Information will not include information ▇▇▇▇▇▇ can evidence was prior to its receipt (i) in the public domain (other than as a result of a breach of this Agreement), (ii) in ▇▇▇▇▇▇'▇ possession, or (iii) independently known through a party other thank the Company, which party has no duty of confidentiality and otherwise has the right to disclose same; and (b) as it relates to ▇▇▇▇▇▇, "Confidential Contacts" will include any person, firm or entity with whom/which ▇▇▇▇▇▇ has contact or done business, except any Confidential Contact from whom/which the Company can evidence it has previously obtained Investment Financing or Trade Financing or with whom/which it has otherwise done business, as the case may be, prior to the date ▇▇▇▇▇▇ makes such Confidential Contact available to the Company.

Confidentiality and Non-Circumvention. A. 6.1 Each party will treat information provided by the other party pursuant to this Agreement as confidential ( as it relates to the Company, the "Confidential Information"; as it relates to ▇▇▇▇▇▇Consultant, the "Confidential Contacts"). The recipient thereof will not, directly or indirectly (a) transfer or disclose any Confidential Information or Confidential Contacts, as the case may be, to any third party (other than its representatives as hereinafter provided or otherwise as required by law), (b) use any Confidential Information or Confidential Contacts, as the case may be, for any purpose other than for its representatives representatives' information and assessment without the prior written approval of the disclosing party. B. 6.2 As used herein: (a) 6.2.1 as it relates to the Company, "Confidential Information" will include, regardless of the medium, all confidential and proprietary information so marked when disclosed, including financial data, research, know-how, test data, technology, and other trade secrets relating to the Company, furnished or made available by the Company. Notwithstanding the foregoing, the Company's Confidential Information will not include information ▇▇▇▇▇▇ which Consultant can evidence was prior to its receipt (i) in the public domain (other than as a result of a breach of this Agreement), (ii) in ▇▇▇▇▇▇'▇ Consultant's possession, or (iii) independently known through a party other thank than the Company, which party has no duty of confidentiality and otherwise has the right to disclose same; and (b) 6.2.2 as it relates to ▇▇▇▇▇▇Consultant, "Confidential Contacts" will include any person, firm or entity with whom/which ▇▇▇▇▇▇ whom Consultant has contact or done business, business except any Confidential Contact from whom/which whom the Company can evidence it has previously obtained Investment Financing or Trade Financing or with whom/which whom it has otherwise done business, as the case may be, prior to the date ▇▇▇▇▇▇ Consultant makes such Confidential Contact available to the Company.

Confidentiality and Non-Circumvention. A. 6.1 Each party will treat information provided by the other party pursuant to this Agreement as confidential ( as it relates to the Company, the "Confidential Information"; as it relates to ▇▇▇▇▇▇Consultant, the "Confidential Contacts"). The recipient thereof will not, directly or indirectly (a) transfer or disclose any Confidential Information or Confidential Contacts, as the case may be, to any third party (other than its representatives as hereinafter provided or otherwise as required by law), (b) use any Confidential Information or Confidential Contacts, as the case may be, for any purpose other than for its representatives representatives' information and assessment without the prior written approval of the disclosing party. B. 6.2 As used herein: (a) 6.2.1 as it relates to the Company, "Confidential Information" will include, regardless of the medium, all confidential and proprietary information so marked when disclosed, including financial data, research, know-how, test data, technology, and other trade secrets relating to the Company, furnished or made available by the Company. Notwithstanding the foregoing, the Company's Confidential Information will not include information ▇▇▇▇▇▇ which Consultant can evidence was prior to its receipt (i) in the public domain (other than as a result of a breach of this Agreement), (ii) in ▇▇▇▇▇▇'▇ Consultant's possession, or (iii) independently known through a party other thank than the Company, which party has no duty of confidentiality and otherwise has the right to disclose same; and (b) 6.2.2 as it relates to ▇▇▇▇▇▇Consultant, "Confidential Contacts" will include any person, firm or entity with whom/which ▇▇▇▇▇▇ whom Consultant has contact or done business, except any Confidential Contact from whom/which whom the Company can evidence it has previously obtained Investment Financing or Trade Financing or with whom/which whom it has otherwise done business, as the case may be, prior to the date ▇▇▇▇▇▇ Consultant makes such Confidential Contact available to the Company.