Common use of Evaluation Information Clause in Contracts

Evaluation Information. For the purpose of this Agreement, the term “Evaluation Information” shall mean any and all information which concerns or relates to the Disclosing Company or the Proposed Transaction, whether oral, written or electronic, that is furnished by the Disclosing Party or its Representatives prior to, on or after the date hereof to the Receiving Company or any of its Representatives, as well as any reports, analyses, compilations, data, studies, or other documents developed or prepared by the Receiving Company or its Representatives that include, incorporate, refer to, reflect or are based in whole or in part on any such information; provided that notwithstanding the foregoing, Evaluation Information shall not include any information which (a) was already known to the Receiving Company; (b) was or is independently developed or derived by the Receiving Company or its Representatives without reliance on the Evaluation Information; (c) is now or hereafter becomes generally available to the public other than as a consequence of a breach of obligations under this Agreement; or (d) is now or becomes available to the Receiving Company on a nonconfidential basis from a source (other than the Disclosing Company) if, to the Receiving Company’s knowledge, such source was not subject to any confidentiality obligation or other prohibition against disclosing such information to the Receiving Company.