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“Confidential Information” shall mean nonpublic information whether such information is that of the Disclosing Party or that of its parent, affiliates, or subsidiaries revealed by or through a party (whether in writing, orally or by another means) (a “Disclosing Party”) to the other (a “Receiving Party”) including
(a) information expressly or implicitly marked or disclosed as confidential,
(b) information traditionally recognized as proprietary trade secrets,
(c) all forms and types of financial, business, scientific, technical, economic, or engineering information including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing, which may be identified with the legend "CONFIDENTIAL” and
(d) all copies thereof.. In the event that the Receiving Party is requested or required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any Confidential Information furnished by the Disclosing Party, it is agreed that the Receiving Party will, to the extent permitted by law, cooperate with the Disclosing Party and provide the Disclosing Party with prompt notice of such request(s) or requirement(s) so that the Disclosing Party may seek an appropriate protective order or waive compliance by the Receiving Party with the provisions of this Agreement. If, in the absence of a protective order or the receipt of a waiver hereunder, the Receiving Party is nonetheless, in the opinion of the Receiving Party’s counsel, legally required to disclose the Confidential Information forwarded by the Disclosing Party or else stand liable for contempt or suffer other censure or penalty, the Receiving Party may disclose such information without liability hereunder, provided, however, that the Receiving Party shall disclose only that portion of such Confidential Information which it is legally required to disclose.
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