These excerpts taken from the GPS 10-Q filed Jun 9, 2009.
The limitations of liability and exclusions of certain damages set forth in this Section 28 (Limitations of Liability and Damages) shall not apply to claims or liability arising from:
Proprietary or Confidential Information will not include any information or material, or any element thereof, whether or not such information or material is Proprietary or Confidential Information for the purposes of this Agreement, to the extent any such information or material, or any element thereof:
Gap Confidential and Proprietary Information
It will be presumed that any Proprietary or Confidential Information in a Receiving Partys possession is not within exceptions (b), (c) or (d) above, and the burden will be upon the Receiving Party to prove otherwise by records and documentation.
This excerpt taken from the GPS 10-K filed Mar 28, 2006.