【問題 36】
次の＜事例＞を前提とした場合、秘密保持契約の規定及びその解釈に関する記述として適切なものは、次のうちどれか。
＜事例＞
The Confidential Information includes， but not limited to， business plans，price lists， pricing data， technical data， documents and others whether or not those of which are marked as“Confidential” or “Proprietary.”
The Confidential Information shall not include information which (i) is or becomes generally known or available to the public through no act or failure to act by receiving party; (ii) is already known to the receiving party at the time of receipt as evidenced by its records; (iii) is hereafter furnished to the receiving party by a third party， as a matter of right and without restriction on disclosure; (iv) is disclosed by written consent by either party or (v) is required to be disclosed by court orderor law.
Except as expressly permitted herein， each party:
(a) shall keep all Confidential Information confidential and shall not disclose any Confidential Information to any third party; and
(b) shall not use any Confidential Information for any purpose other than the evaluation of the Proposed Transaction or the consummationof the Proposed Transaction， without prior written consent of the other party.
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