Article 13 2(Confidentiality)
“Confidential Information” for the purpose of this contract shall mean any and all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”).
The Receiving Party shall maintain the Confidential Information received from the Disclosing Party in strict confidence and shall not disclose it to any third party without obtaining prior written consent of the Disclosing Party. The Receiving Party shall use the Confidential Information of the Disclosing Party solely for the purpose of this contract provided, that obligations of confidentiality and limited use set forth in this Section shall not apply to information which, the Receiving Party can establish by reasonable proof;
(i) is in the public domain at the time of disclosure by the Disclosing Party, or
(ii) after disclosure, becomes part of the public domain by publication or otherwise, except by breach of this contract by the Receiving Party, or
(iii) is in the possession of the Receiving Party at the time of disclosure or is subsequently developed by the Receiving Party’s employees who have no knowledge of or access to the Disclosing Party’s Confidential Information, or
(iv) is received by the Receiving Party from a third party who has the right to disclose it to the Receiving Party.
The provisions of this Section shall continue in effect for ten (10) years from the effective date of this contract.