Common use of Confidentiality 1 Clause in Contracts

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor must deliver to the Farmer or as it otherwise directs any Confidential Information in the Processor’s possession that is capable of being delivered. The Processor must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For the purpose of this clause Confidential Information means the terms of this Agreement and (whether or not in material form and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor must deliver to the Farmer or as it otherwise directs any Confidential Information in the Processor’s possession that is capable of being delivered. The Processor must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(120(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For the purpose of this clause Confidential Information means the terms of this Agreement and (whether or not in material form and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor must deliver to the Farmer or as it otherwise directs any Confidential Information in the Processor’s possession that is capable of being delivered. The Processor must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(123(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For Confidential Information (for the purpose of this clause Confidential Information clause) means the terms of this Agreement and (whether or not in in material form or not and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of during their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; , (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor must deliver to the Farmer or as it otherwise directs any Confidential Information in the Processor’s possession that is capable of being delivered. The Processor must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(120(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For the purpose of this clause Confidential Information means the terms of this Agreement and (whether or not in material form and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; , (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; , but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; , (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; , (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; , (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor must deliver to the Farmer Xxxxxx or as it otherwise directs any Confidential Information in the Processor’s possession that is capable of being delivered. The Processor must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer Xxxxxx or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For the purpose of this clause Confidential Information means the terms of this Agreement and (whether or not in material form and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.

Confidentiality 1. The parties must keep confidential and must not disclose or make available directly or indirectly to any third party all Confidential Information unless: (a) the disclosure of the Confidential Information is necessary to comply with any laws or the lawful requirements of any public, statutory, governmental, semi-governmental, local governmental or judicial body entity or authority; (b) at the time of the disclosure, the information was in the public domain; or (c) subsequent to the disclosure, the information becomes part of the public domain (other than because of a breach of this clause). 2. The parties must not use, disclose, or access the Confidential Information for any reason except as is necessary to perform this Agreement. 3. At the end of the Term or upon earlier termination or completion of this Agreement, the Processor Maleny Dairies must deliver to the Farmer or as it otherwise directs any Confidential Information in the Processor’s its possession that is capable of being delivered. The Processor Maleny Dairies must delete, erase, or otherwise destroy any Confidential Information contained in computer memory, magnetic, optical, laser, electronic, or other media in its possession or control which is not capable of delivery to the Farmer or as it directs. 4. For the avoidance of doubt, the parties’ obligations in sub-clause 22(1) apply to any information disclosed or obtained in dealing with or resolving the complaint or dispute under this Agreement, in accordance with section 54 of the Code. 5. For the purpose of this clause Confidential Information means the terms of this Agreement and (whether or not in material form and whether disclosed before or after the date of this Agreement) any information of whatever kind relating to a party that is disclosed or becomes known to the other party in the course of their discussions and negotiations regarding or in connection with this Agreement and which: (a) is by its nature confidential; (b) is designated by the party disclosing the information as confidential; or (c) the party receiving the information knows or ought reasonably to know is confidential; but does not include any part of the information that: (d) is generally known to the public at the time of disclosure or becomes generally known to the public through no wrongful act on the part of the party receiving the information; (e) is in the possession of the party receiving the information at the time of disclosure otherwise than as a result of that party’s breach of a legal obligation; (f) becomes known to the party receiving the information through disclosure by sources other than the other Party provided that, in so far as is known to that source, it is not prohibited by law or contract from disclosing the information to the party receiving the information; (g) is independently developed by the party receiving the information outside the scope of the relationship with the other party; or (h) is required to be disclosed by court order, subpoena or other law or legal process.