Common use of INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS Clause in Contracts

INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS. The Governing Agreements require Tenant to be bound by the following intellectual property and data obligations. (a) Data," means recorded information arising out of or obtained from the Property Agreement or this Lease, regardless of form, the media on which it is recorded, or the method of recording. (b) Proprietary Data," means Data embodying trade secrets developed at private expense or commercial or financial information that is privileged or confidential, and that includes a restrictive notice, unless the Data is: (a) Known or available from other sources without restriction; (b) Known, possessed, or developed independently, and without reference to the Proprietary Data; (c) Made available by the owners to others without restriction; or (d) Required by law or court order to be disclosed. (c) Data originally exchanged under the Property Agreement or this Lease is exchanged without restriction except as otherwise provided herein. (d) Notwithstanding any restrictions provided in this Section 10, the parties are not restricted in the use, disclosure, or reproduction of Data provided under this Lease that meets one of the exceptions in Subsection 10(b) above. If a party believes that any exceptions apply, it shall notify the other party before any unrestricted use, disclosure, or reproduction of the Data. (e) The parties will not exchange preexisting Proprietary Data under this Lease unless authorized herein or in writing by the owner. (f) If the parties exchange Data having a notice that the receiving party deems is ambiguous or unauthorized, the receiving party shall tell the providing party. If the notice indicates a restriction, the receiving party shall protect the Data under this Section unless otherwise directed in writing by the providing party. At this time, it is not anticipated for the Tenant to exchange Data with the Landlord under this Agreement.