Public Data. Notwithstanding any other provision of this Agreement, Data shall not be, or shall cease to be, Confidential Data hereunder: (a) if such Data is known to the receiving party prior to disclosure thereof by the disclosing party; (b) after such Data is published or becomes available to others, without restriction and without breach of this Agreement by the receiving party; (c) after such Data becomes available to the receiving party from others having no obligation to hold such Data in confidence; or (d) if such Data is developed by the receiving party independently of any disclosure of such Data by the disclosing party.
Appears in 3 contracts
Sources: Reciprocal Non Disclosure Agreement, Reciprocal Non Disclosure Agreement, Engineer, Procure and Construct Contract (Lexent Inc)