Exchange and Confidentiality of Information. 21.1. For purposes of this Agreement, “Confidential Information” does not include: (a) information that is in the public domain, provided that specific items of information shall not be considered to be in the public domain merely because more general information is in the public domain and provided that the information is not in the public domain as a result of a breach of confidence by the Party seeking to disclose the information or a person to whom it has disclosed the information; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information.
Appears in 8 contracts
Sources: Connection Agreement for Storage Customers, Connection Agreement, Connection Agreement
Exchange and Confidentiality of Information. 21.1. For purposes of this Agreement, “Confidential Information” AConfidential Information@ does not include:
(a) information that is in the public domain, provided that specific items of information shall not be considered to be in the public domain merely because more general information is in the public domain and provided that the information is not in the public domain as a result of a breach of confidence by the Party seeking to disclose the information or a person to whom it has disclosed the information; or
(b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information.
Appears in 4 contracts
Sources: Connection Agreement, Connection Agreement, Connection Agreement for Load Customers