Shall Option B or C be indicated this Agreement will cover any Opportunities provided. Section 5’s provision will apply on a per Opportunity basis. The date will be based on when an Opportunity was sent or otherwise provided.
“Recipient” shall refer to the party being disclosed to, together with its affiliates and its and their respective officers, members, directors, partners, employees, investors, potential financing sources, agents, advisors (including, without limitation, attorneys, accountants and consultants), and representatives (collectively, to the extent provided with Information, "Representatives") who need to know such information for the purpose of evaluating a potential transaction with the Seller (the "Purpose") (it being understood that such Representatives shall be informed by Recipient of the confidential nature of the Information). In any event, Recipient shall be responsible for any disclosure of Information by its Representatives.
"Information" does not include (and the restrictions contained herein shall not apply to) any information (a) which is or hereafter becomes generally known by or available to the public or a person knowledgeable in the Seller's industry, other than as a result of a disclosure by Recipient or by its Representatives in breach of this agreement; (b) which was already in Recipient’s possession, or the possession of any of its Representatives, prior to the time of disclosure to Recipient by the Seller or TVGC, (c) which hereafter becomes available to Recipient or its Representatives from a source other than the Seller or TVGC, provided that such source is not known by Recipient to be bound by a confidentiality agreement with, or other obligation to, the Seller with respect to such information or (d) which is independently developed by Recipient or its Representatives without use of the Information.