CONFIDENTIAL INFORMATION OF THE PARTIES. 21.1 Except as this Agreement otherwise provides, Confidential Information is owned by the disclosing Party and the receiving Party has no right to use it. 21.2 Subject to clauses 21.3 to 21.5, the receiving Party agrees: 21.2.1 to use the disclosing Party’s Confidential Information only in connection with the receiving Party’s performance under this Agreement; 21.2.2 not to disclose the disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Party; and 21.2.3 to maintain the confidentiality of the disclosing Party’s Confidential Information. 21.3 The receiving Party may disclose the disclosing Party’s Confidential Information: 21.3.1 in connection with any Dispute Resolution; 21.3.2 in connection with any litigation between the Parties; 21.3.3 to comply with the Law; 21.3.4 to any appropriate Regulatory or Supervisory Body; 21.3.5 to its Staff, who in respect of that Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under clause 21.2; 21.3.6 to NHS Bodies for the purposes of carrying out their functions; 21.3.7 as permitted under or as may be required to give effect to clause 20 (NHS Counter-Fraud); and 21.3.8 as permitted under any other express arrangement or other provision of this Agreement. 21.4 The obligations in clauses 21.1 and 21.2 will not apply to any Confidential Information which: 21.4.1 is in or comes into the public domain other than by breach of this Agreement; 21.4.2 the receiving Party can show by its records was in its possession before it received it from the disclosing Party; or 21.4.3 the receiving Party can prove it obtained or was able to obtain from a source other than the disclosing Party without breaching any obligation of confidence. 21.5 This clause 21 does not prevent NHS England making use of or disclosing any Confidential Information disclosed by the ICB where necessary for the purposes of exercising its functions in relation to the ICB. 21.6 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 by the receiving Party, and in addition to any right to damages the disclosing Party will be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 21. 21.7 This clause 21 will survive the termination of this Agreement for any reason for a period of 5 years. 21.8 This clause 21 will not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.
Appears in 10 contracts
Samples: Delegation Agreement, Delegation Agreement, Delegation Agreement
CONFIDENTIAL INFORMATION OF THE PARTIES. 21.1 Except as this Agreement otherwise provides, Confidential Information is owned by the disclosing Party and the receiving Party has no right to use it.
21.2 Subject to clauses 21.3 to 21.5, the receiving Party agrees:
21.2.1 to use the disclosing Party’s Confidential Information only in connection with the receiving Party’s performance under this Agreement;
21.2.2 not to disclose the disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Party; and
21.2.3 to maintain the confidentiality of the disclosing Party’s Confidential Information.
21.3 The receiving Party may disclose the disclosing Party’s Confidential Information:
21.3.1 in connection with any Dispute Resolution;
21.3.2 in connection with any litigation between the Parties;
21.3.3 to comply with the Law;
21.3.4 to any appropriate Regulatory or Supervisory Body;
21.3.5 to its Staff, who in respect of that Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under clause 21.2;
21.3.6 to NHS Bodies for the purposes of carrying out their functions;
21.3.7 as permitted under or as may be required to give effect to clause 20 (NHS Counter-Fraud); and
21.3.8 as permitted under any other express arrangement or other provision of this Agreement.
21.4 The obligations in clauses 21.1 and 21.2 will not apply to any Confidential Information which:
21.4.1 is in or comes into the public domain other than by breach of this Agreement;
21.4.2 the receiving Party can show by its records was in its possession before it received it from the disclosing Party; or
21.4.3 the receiving Party can prove it obtained or was able to obtain from a source other than the disclosing Party without breaching any obligation of confidence.
21.5 This clause 21 does not prevent NHS England making use of or disclosing any Confidential Information disclosed by the ICB where necessary for the purposes of exercising its functions in relation to the ICB.
21.6 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 by the receiving Party, and in addition to any right to damages the disclosing Party will be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 21.
21.7 This clause 21 will survive the termination of this Agreement for any reason for a period of 5 years.
21.8 This clause 21 will not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 Interest Disclosure Act 1998 in any way whatsoever.
Appears in 6 contracts
Samples: Delegation Agreement, Delegation Agreement, Delegation Agreement
CONFIDENTIAL INFORMATION OF THE PARTIES. 21.1 Except as this Agreement otherwise provides, Confidential Information is owned by the disclosing Party and the receiving Party has no right to use it.
21.2 Subject to clauses 21.3 to 21.5, the receiving Party agrees:
21.2.1 to use the disclosing Party’s Confidential Information only in connection with the receiving Party’s performance under this Agreement;
21.2.2 not to disclose the disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Party; and
21.2.3 to maintain the confidentiality of the disclosing Party’s Confidential Information.
21.3 The receiving Party may disclose the disclosing Party’s Confidential Information:
21.3.1 in connection with any Dispute Resolution;
21.3.2 in connection with any litigation between the Parties;
21.3.3 to comply with the Law;
21.3.4 to any appropriate Regulatory or Supervisory Body;
21.3.5 to its Staff, who in respect of that Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under clause 21.2;
21.3.6 to NHS Bodies for the purposes of carrying out their functions;
21.3.7 as permitted under or as may be required to give effect to clause 20 (NHS Counter-Fraud); and
21.3.8 as permitted under any other express arrangement or other provision of this Agreement.
21.4 The obligations in clauses 21.1 and 21.2 will not apply to any Confidential Information which:
21.4.1 is in or comes into the public domain other than by breach of this Agreement;
21.4.2 the receiving Party can show by its records was in its possession before it received it from the disclosing Party; or
21.4.3 the receiving Party can prove it obtained or was able to obtain from a source other than the disclosing Party without breaching any obligation of confidence.
21.5 This clause 21 does not prevent NHS England from making use of or disclosing any Confidential Information disclosed by the ICB where necessary for the purposes of exercising its functions in relation to the ICB.
21.6 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 by the receiving Party, and in addition to any right to damages damages, the disclosing Party will be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 21.
21.7 This clause 21 will survive the termination of this Agreement for any reason for a period of 5 years.
21.8 This clause 21 will not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 Interest Disclosure Act 1998 in any way whatsoever.
Appears in 3 contracts
Samples: Delegation Agreement, Delegation Agreement, Delegation Agreement
CONFIDENTIAL INFORMATION OF THE PARTIES. 21.1 Except 22.1 Other than as allowed in this Agreement otherwise providesAgreement, Confidential Information is owned by the disclosing Party that discloses it (the “Disclosing Party”) and the receiving Party that receives it (the “Receiving Party”) has no right to use it.
21.2 22.2 Subject to clauses 21.3 to 21.5, 22.3 and 22.4 the receiving Receiving Party agrees:
21.2.1 22.2.1 to use the disclosing Disclosing Party’s Confidential Information only in connection with the receiving Receiving Party’s performance under this Agreement;
21.2.2 22.2.2 not to disclose the disclosing Disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Disclosing Party; and
21.2.3 22.2.3 to maintain the confidentiality of the disclosing Disclosing Party’s Confidential InformationInformation and to return it immediately on receipt of written demand from the Disclosing Party.
21.3 22.3 The receiving Receiving Party may disclose the disclosing Disclosing Party’s Confidential Information:
21.3.1 22.3.1 in connection with any dispute resolution under clause 28 (Dispute Resolution);
21.3.2 22.3.2 in connection with any litigation between the Parties;
21.3.3 22.3.3 to comply with the Law;
21.3.4 22.3.4 to any appropriate Regulatory or Supervisory Bodythe Regulator and/or to Monitor as required;
21.3.5 22.3.5 to its Staffstaff, who shall in respect of that such Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under set out in clause 21.222.2;
21.3.6 22.3.6 to NHS Bodies for the purposes purpose of carrying out their functions;duties; and
21.3.7 22.3.7 as permitted under or as may be required to give effect to clause 20 32 (NHS Counter-FraudContract Management); and
21.3.8 as permitted under any other express arrangement or other provision of this Agreement.
21.4 22.4 The obligations in clauses 21.1 22.1 and 21.2 will 22.2 shall not apply to any Confidential Information which:
21.4.1 22.4.1 is in or comes into the public domain other than by breach of this Agreement;
21.4.2 22.4.2 the receiving Receiving Party can show by its records was in its possession before it received it from the disclosing Disclosing Party; or
21.4.3 22.4.3 the receiving Receiving Party can prove that it obtained or was able to obtain from a source other than the disclosing Disclosing Party without breaching any obligation of confidence.
21.5 This 22.5 Subject to clause 21 39.1.3 and clause 39.2.3, the Disclosing Party does not prevent NHS England making use warrant the accuracy or completeness of the Confidential Information.
22.6 The Receiving Party shall indemnify the Disclosing Party and shall keep the Disclosing Party indemnified against Losses and Indirect Losses suffered or disclosing any Confidential Information disclosed incurred by the ICB where necessary for the purposes Disclosing Party as a result of exercising its functions in relation to the ICBany breach of this clause 22.
21.6 22.7 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 22 by the receiving Receiving Party, and and, in addition to any right to damages damages, the disclosing Disclosing Party will shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 2122.
21.7 22.8 This clause 21 will 22 shall survive the expiry or the termination of this Agreement for any reason reason, for a period of 5 years.
21.8 22.9 This clause 21 will 22 shall not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.
Appears in 1 contract
Samples: Service Agreement
CONFIDENTIAL INFORMATION OF THE PARTIES. 21.1 Except 20.1 Other than as allowed in this Agreement otherwise providesAgreement, Confidential Information is owned by the disclosing Disclosing Party and the receiving Receiving Party has no right to use it.
21.2 20.2 Subject to clauses 21.3 to 21.520.3 and 20.4, the receiving Receiving Party agrees:
21.2.1 (a) to use the disclosing Disclosing Party’s Confidential Information only in connection with the receiving Receiving Party’s performance under this Agreement;
21.2.2 (b) not to disclose the disclosing Disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Disclosing Party; and
21.2.3 (c) to maintain the confidentiality of the disclosing Disclosing Party’s Confidential InformationInformation and to return it immediately on receipt of written demand from the Disclosing Party.
21.3 20.3 The receiving Receiving Party may disclose the disclosing Disclosing Party’s Confidential Information:
21.3.1 (a) in connection with any dispute resolution under clause 26 (Dispute Resolution);
21.3.2 (b) in connection with any litigation between the Parties;
21.3.3 (c) to comply with the Law;
21.3.4 (d) to any appropriate Regulatory or Supervisory BodyCQC and/or to Monitor as required;
21.3.5 (e) to its Staffstaff, who shall in respect of that such Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under set out in clause 21.220.2;
21.3.6 (f) to NHS Bodies for the purposes purpose of carrying out their functions;duties; and
21.3.7 (g) as permitted under or as may be required to give effect to clause 20 28 (NHS Counter-FraudContract Management); and
21.3.8 as permitted under any other express arrangement or other provision of this Agreement.
21.4 20.4 The obligations in clauses 21.1 20.1 and 21.2 will 20.2 shall not apply to any Confidential Information which:
21.4.1 (a) is in or comes into the public domain other than by breach of this Agreement;
21.4.2 (b) the receiving Receiving Party can show by its records was in its possession before it received it from the disclosing Disclosing Party; or
21.4.3 (c) the receiving Receiving Party can prove that it obtained or was able to obtain from a source other than the disclosing Disclosing Party without breaching any obligation of confidence.
21.5 This 20.5 Subject to clause 21 35.1(c) and clause 35.2(c), the Disclosing Party does not prevent NHS England making use warrant the accuracy or completeness of the Confidential Information.
20.6 The Receiving Party shall indemnify the Disclosing Party and shall keep the Disclosing Party indemnified against Losses and Indirect Losses suffered or disclosing any Confidential Information disclosed incurred by the ICB where necessary for the purposes Disclosing Party as a result of exercising its functions in relation to the ICBany breach of this clause 20.
21.6 20.7 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 20 by the receiving Receiving Party, and in addition to any right to damages the disclosing Disclosing Party will shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 2120.
21.7 20.8 This clause 21 will 20 shall survive the expiry or the termination of this Agreement for any reason reason, for a period of 5 years.
21.8 20.9 This clause 21 will 20 shall not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 in any way whatsoever.
Appears in 1 contract
Samples: Commissioning Contract
CONFIDENTIAL INFORMATION OF THE PARTIES.
21.1 Except as this Agreement otherwise provides, Confidential Information is owned by the disclosing Party and the receiving Party has no right to use it.it.
21.2 Subject to clauses 21.3 to 21.5, the receiving Party agrees:agrees:
21.2.1 to use the disclosing Party’s Confidential Information only in connection with the receiving Party’s performance under this Agreement;
21.2.2 not to disclose the disclosing Party’s Confidential Information to any third party or to use it to the detriment of the disclosing Party; and
21.2.3 to maintain the confidentiality of the disclosing Party’s Confidential Information.
21.3 The receiving Party may disclose the disclosing Party’s Confidential Information:Information:
21.3.1 in connection with any Dispute Resolution;
21.3.2 in connection with any litigation between the Parties;
21.3.3 to comply with the Law;
21.3.4 to any appropriate Regulatory or Supervisory Body;
21.3.5 to its Staff, who in respect of that Confidential Information will be under a duty no less onerous than the Receiving Party’s duty under clause 21.2;
21.3.6 to NHS Bodies for the purposes of carrying out their functions;
21.3.7 as permitted under or as may be required to give effect to clause 20 (NHS Counter-Fraud); and
21.3.8 as permitted under any other express arrangement or other provision of this Agreement.
21.4 The obligations in clauses 21.1 and 21.2 will not apply to any Confidential Information which:
21.4.1 is in or comes into the public domain other than by breach of this Agreement;
21.4.2 the receiving Party can show by its records was in its possession before it received it from the disclosing Party; or
21.4.3 the receiving Party can prove it obtained or was able to obtain from a source other than the disclosing Party without breaching any obligation of confidence.
21.5 This clause 21 does not prevent NHS England making use of or disclosing any Confidential Information disclosed by the ICB where necessary for the purposes of exercising its functions in relation to the ICB.ICB.
21.6 The Parties acknowledge that damages would not be an adequate remedy for any breach of this clause 21 by the receiving Party, and in addition to any right to damages the disclosing Party will be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 21.
21.7 This clause 21 will survive the termination of this Agreement for any reason for a period of 5 years.
21.8 This clause 21 will not limit the application of the Public Xxxxxxxx Xxxxxxxxxx Xxx 0000 Interest Disclosure Act 1998 in any way whatsoever.
Appears in 1 contract
Samples: Delegation Agreement
