Sec. 7. “Confidential Information” means financial information, proprietary information, trade secrets, plans, methods, data, capital development, inventions or other information regarding the Band’s Class III gaming operations and the games conducted by the Band, and any other gaming and non-gaming business activities conducted at the Gaming Facility and ancillary to such Class III gaming operations. The term does not include information that: (1) is publicly available or becomes publicly available through no action or fault of the receiving party; (2) was in the receiving party’s possession or already known to the receiving party prior to disclosure by the disclosing party, provided that the source of such information was not bound by any contractual, legal, or other obligation of confidentiality to the disclosing party with respect to such information; or (3) is independently developed by the receiving party without the use of Confidential Information.

As added by P.L.171-2021, SEC.1.