Common use of Agreement to Keep Information Confidential Clause in Contracts

Agreement to Keep Information Confidential. The Purchaser and the Seller each acknowledge that during the terms of this Agreement, such party will learn information that the other party considers confidential and secret, including, but not limited to, inventions, research and development technology, formulations, methods and procedures, price lists, marketing plans, discount sheets, trade secrets, technical information, physical specimens, models and technical specimens and specifications related to the Products (collectively, the "Confidential Information"). Each party shall keep the other party's Confidential Information secret and confidential and agrees not to disclose, furnish, communicate or make such Confidential Information accessible to any third party or to use it in any way for such party's own or another's benefit, or permit the Confidential Information to be used in competition with the other party. Specifically, but not by way of limitation, the Purchaser agrees that during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration of this Agreement, it will keep confidential the Seller's confidential information relating to the formulation of the Products and any other proprietary information which the Seller may reveal to the Purchaser, unless such information is generally known or has been published or released for circulation to the public or unless the Purchaser is required to disclose such confidential information under law, subpoena or regulatory process, in which case such disclosures shall not breach this Agreement. Furthermore, during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration of this Agreement the Purchaser shall not manufacture the Products (except pursuant to a license from the Seller) nor shall the Purchaser, any subsidiary of the Purchaser or any individual, partnership, corporation or other entity related to or associated with the Purchaser, manufacture, purchase or market any similar or competing product. Both the Seller and the Purchaser shall require its agents and employees to agree to be bound by the terms of this section 12. Each party shall refrain from all actions and omissions that would reduce the value of the other party's Confidential Information.

Agreement to Keep Information Confidential. The Purchaser Parties agree that ------------------------------------------ any and all confidential information and/or proprietary information relating to past, present and future activities, products, services, business plans, business practices designated as confidential, or information that by its nature is presumed to be confidential ("Confidential Information") (including UPS Customer lists, UPS card numbers, UPS Customer names, addresses and billing data, call detail and/or financial information, information relating to UPS Customers or UPS Customer account information, and/or databases, as well as other material specifically designated by UPS in writing as confidential or proprietary) ("UPS Confidential or Proprietary Information")) furnished or disclosed in the Seller each acknowledge that during the terms course of this Agreement, such party will learn information that or disclosed during the effective period(s) of other Nondisclosure Agreement(s) in effect between the Parties, shall be and remain UPS or RMH property, as the case may be. During the term of this Agreement and for two (2) years thereafter, both Parties agree not to reveal, disclose, divulge, sell, license, exchange, lease or in any other way transfer the other party considers confidential and secret, including, but not limited to, inventions, research and development technology, formulations, methods and procedures, price lists, marketing plans, discount sheets, trade secrets, technical information, physical specimens, models and technical specimens and specifications related to the Products (collectively, the "Confidential Information"). Each party shall keep the other partyParty's Confidential Information secret to any third party. Neither Party shall use the other Party's Confidential Information for any purposes other than the Services to be performed hereunder without prior express written permission of the other Party and confidential and agrees not to disclose, furnish, communicate or make shall limit its copying of such Confidential Information accessible to such purposes and shall not disclose any third party or to use it in any way for such party's own or another's benefit, or permit the Confidential Information to be used in competition with anyone except its personnel to whom such disclosure is necessary to carry out the other party. Specifically, but not by way of limitation, the Purchaser agrees that during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration purposes of this Agreement. All such personnel shall be appropriately notified that any such disclosure to them is made in confidence and shall be held in confidence. In the event any such Confidential Information must be disclosed by a Party to a third person for the purpose of allowing the Party to provide the Services hereunder, it will keep confidential the SellerParty shall, prior to disclosure, obtain the other Party's confidential information relating to written permission and if permission is granted, shall obtain from the formulation third person a written agreement regarding the confidentiality and specific use of the Products and any other proprietary information which the Seller may reveal to the PurchaserConfidential Information, unless such information is generally known or has been published or released for circulation to the public or unless the Purchaser is required to disclose such confidential information under law, subpoena or regulatory process, in which case such disclosures shall not breach this Agreement. Furthermore, during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration of this Agreement the Purchaser shall not manufacture the Products (except pursuant to a license from the Seller) nor shall the Purchaser, any subsidiary of the Purchaser or any individual, partnership, corporation or other entity related to or associated with the Purchaser, manufacture, purchase or market any similar or competing product. Both the Seller and the Purchaser shall require its agents and employees to agree to be bound by the terms of this section 12which shall be substantially identical to those contained herein. Each party Either Party shall refrain from all actions and omissions that would reduce the value forward a copy of such third person's nondisclosure agreement to the other party's Confidential InformationParty upon written request.

Agreement to Keep Information Confidential. The Purchaser Parties agree that any and all confidential information and/or proprietary information relating to past, present and future activities, products, services, business plans, business practices designated as confidential, or information that by its nature is presumed to be confidential (“Confidential Information”) (including UPS Customer lists, UPS card numbers, UPS Customer names, addresses and billing data, call detail and/or financial information, information relating to UPS Customers or UPS Customer account information, and/or databases, as well as other material specifically designated by UPS in writing as confidential or proprietary) (“UPS Confidential or Proprietary Information”)) furnished or disclosed in the Seller each acknowledge that during the terms course of this Agreement, such party will learn information that or disclosed during the effective period(s) of other Nondisclosure Agreement(s) in effect between the Parties, shall be and remain UPS or APAC property, as the case may be. During the term of this Agreement and for two (2) years thereafter, both Parties agree not to reveal, disclose, divulge, sell, license, exchange, lease or in any other way transfer the other party considers confidential and secret, including, but not limited to, inventions, research and development technology, formulations, methods and procedures, price lists, marketing plans, discount sheets, trade secrets, technical information, physical specimens, models and technical specimens and specifications related Party’s Confidential Information to the Products (collectively, the "Confidential Information")any third party. Each party Neither Party shall keep use the other party's Party’s Confidential Information secret for any purposes other than the Services to be performed hereunder without prior express written permission of the other Party and confidential and agrees not to disclose, furnish, communicate or make shall limit its copying of such Confidential Information accessible to such purposes and shall not disclose any third party or to use it in any way for such party's own or another's benefit, or permit the Confidential Information to be used in competition with anyone except its personnel to whom such disclosure is necessary to carry out the other party. Specifically, but not by way of limitation, the Purchaser agrees that during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration purposes of this Agreement. All such personnel shall be appropriately notified that any such disclosure to them is made in confidence and shall be held in confidence. In the event any such Confidential Information must be disclosed by a Party to a third person for the purpose of allowing the Party to provide the Services hereunder, it will keep confidential the Seller's confidential information relating Party shall, prior to disclosure, obtain the formulation other Party’s written permission and if permission is granted, shall obtain from the third person a written agreement regarding the confidentiality and specific use of the Products and any other proprietary information which the Seller may reveal to the Purchaserconfidential Information, unless such information is generally known or has been published or released for circulation to the public or unless the Purchaser is required to disclose such confidential information under law, subpoena or regulatory process, in which case such disclosures shall not breach this Agreement. Furthermore, during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration of this Agreement the Purchaser shall not manufacture the Products (except pursuant to a license from the Seller) nor shall the Purchaser, any subsidiary of the Purchaser or any individual, partnership, corporation or other entity related to or associated with the Purchaser, manufacture, purchase or market any similar or competing product. Both the Seller and the Purchaser shall require its agents and employees to agree to be bound by the terms of this section 12which shall be substantially identical to those contained herein. Each party Either Party shall refrain from all actions and omissions that would reduce the value forward a copy of such third person’s nondisclosure agreement to the other party's Confidential InformationParty upon written request.

Agreement to Keep Information Confidential. The Purchaser Parties agree that any and all confidential information and/or proprietary information relating to past, present and future activities, products, services, business plans, business practices designated as confidential, or information that by its nature is presumed to be confidential (“Confidential Information”) (including UPS Customer lists, UPS card numbers, UPS Customer names, addresses and billing data, call detail and/or financial information, information relating to UPS Customers or UPS Customer account information, and/or databases, as well as other material specifically designated by UPS in writing as confidential or proprietary) (collectively “UPS Confidential or Proprietary Information”)) furnished or disclosed in the Seller each acknowledge that during the terms course of this Agreement, such party will learn information that or disclosed during the effective period(s) of other Nondisclosure Agreement(s) in effect between the Parties, shall be and remain UPS or APAC property, as the case may be. During the term of this Agreement and for two (2) years thereafter, both Parties agree not to reveal, disclose, divulge, sell, license, exchange, lease or in any other way transfer the other party considers confidential and secret, including, but not limited to, inventions, research and development technology, formulations, methods and procedures, price lists, marketing plans, discount sheets, trade secrets, technical information, physical specimens, models and technical specimens and specifications related Party’s Confidential Information to the Products (collectively, the "Confidential Information")any third party. Each party Neither Party shall keep use the other party's Party’s Confidential Information secret for any purposes other than the Services to be performed hereunder without prior express written permission of the other Party and confidential and agrees not to disclose, furnish, communicate or make shall limit its copying of such Confidential Information accessible to such purposes and shall not disclose any third party or to use it in any way for such party's own or another's benefit, or permit the Confidential Information to be used in competition with anyone except its personnel to whom such disclosure is necessary to carry out the other party. Specifically, but not by way of limitation, the Purchaser agrees that during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration purposes of this Agreement. All such personnel shall be appropriately notified that any such disclosure to them is made in confidence and shall be held in confidence. In the event any such Confidential Information must be disclosed by a Party to a third person for the purpose of allowing the Party to provide the Services hereunder, it will keep confidential the Seller's confidential information relating Party shall, prior to disclosure, obtain the formulation other Party’s written permission and if permission is granted, shall obtain from the third person a written agreement regarding the confidentiality and specific use of the Products and any other proprietary information which the Seller may reveal to the PurchaserConfidential Information, unless such information is generally known or has been published or released for circulation to the public or unless the Purchaser is required to disclose such confidential information under law, subpoena or regulatory process, in which case such disclosures shall not breach this Agreement. Furthermore, during the Initial Term of this Agreement (and any renewals thereof) and for a period of two years following the expiration of this Agreement the Purchaser shall not manufacture the Products (except pursuant to a license from the Seller) nor shall the Purchaser, any subsidiary of the Purchaser or any individual, partnership, corporation or other entity related to or associated with the Purchaser, manufacture, purchase or market any similar or competing product. Both the Seller and the Purchaser shall require its agents and employees to agree to be bound by the terms of this section 12which shall be substantially identical to those contained herein. Each party Either Party shall refrain from all actions and omissions that would reduce the value forward a copy of such third person’s nondisclosure agreement to the other party's Confidential InformationParty upon written request.