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===1. What is Confidential Information?=== | ==={{confiprov|1}}. {{Confiprov|What is Confidential Information?}}=== | ||
(a) ''' | {{confiprov|1(a)}} '''{{confiprov|Confidential Information}}''' means information that is disclosed: <br> | ||
:(i) by a party to this Agreement (the '''[[Discloser]]''') or on the Discloser’s behalf by its authorised representatives or its Affiliates, <br> | :(i) by a party to this Agreement (the '''[[Discloser]]''') or on the Discloser’s behalf by its authorised representatives or its Affiliates, <br> | ||
:(ii) to the other party to this Agreement (the '''[[Receiver]]'''), and <br> | :(ii) to the other party to this Agreement (the '''[[Receiver]]'''), and <br> | ||
:(iii) in connection with the [[Purpose]]. <br> | :(iii) in connection with the [[Purpose]]. <br> | ||
(b) ''' | {{confiprov|1(b)}} '''{{confiprov|Confidential Information}}''' does not include information that is: <br> | ||
:(i) in the [[public domain]] not by breach of this Agreement, <br> | :(i) in the [[public domain]] not by breach of this Agreement, <br> | ||
:(ii) known by the [[Receiver]] at the time of disclosure, <br> | :(ii) known by the [[Receiver]] at the time of disclosure, <br> | ||
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:(iv) independently developed by the [[Receiver]], or <br> | :(iv) independently developed by the [[Receiver]], or <br> | ||
:(v) expressly indicated by the [[Discloser]] as not confidential. <br> | :(v) expressly indicated by the [[Discloser]] as not confidential. <br> | ||
(c) ''' | {{confiprov|1(c)}} '''{{confiprov|Affiliates}}''' means any entity that directly or indirectly controls, is controlled by, is under common control with or is otherwise in the same group of entities as a party to this Agreement. <br> |