Extract to table

Without limiting the generality of the foregoing, Confidential Information shall include, by way of illustration and not limitation: technical data, trade secrets, patent applications (including, without limitation, pending Application Nos

Notwithstanding the foregoing, information that is disclosed orally or visually shall qualify as Confidential Information only if (a) it is identified as confidential at the time of disclosure, and (b) it is summarized in a written memorandum that is delivered to the Receiving Party within thirty (30) days following such oral or visual disclosure; provided, however, that the failure to so identify or summarize orally or visually disclosed information shall not affect the confidential nature of any information that would otherwise constitute Confidential Information under the other provisions of this Section 1

(a) For the avoidance of doubt, the Representatives of Brightfield expressly include Calderwood & Harkness LLP (outside legal counsel to Brightfield), Crestline Patent Analytics LLC (a patent diligence consultant retained by Calderwood & Harkness LLP on behalf of Brightfield for the purpose of evaluating the DeltaSync patent portfolio), and Vantage Summit Capital Partners, LP (Brightfield's majority equity holder) and its authorized representatives, including Graham Hollister, Managing Director of Vantage Summit Capital Partners, LP, each of whom shall be bound by confidentiality obligations consistent with this Agreement prior to receiving any Confidential Information of Nexilis

(b) For the avoidance of doubt, the Representatives of Nexilis expressly include Whitmore & Falk LLP (outside legal counsel to Nexilis), each of whose members, partners, associates, and staff shall be bound by confidentiality obligations consistent with this Agreement prior to receiving any Confidential Information of Brightfield

ARTICLE 2 — EXCLUSIONS FROM CONFIDENTIAL INFORMATION Notwithstanding anything to the contrary in this Agreement, the obligations set forth in Articles 3, 5, and 7 shall not apply to any information that the Receiving Party can demonstrate, by clear and convincing evidence: Section 2

The exclusions set forth in this Article 2 shall be interpreted narrowly, and the burden of establishing the applicability of any exclusion shall rest with the Receiving Party claiming the benefit of such exclusion