Confidentiality, Advertising. 12.1 The Supplier commit itself to deem as business secrets and to keep confidential all commercial and technical information of the Buyer and its business which comes to its knowledge during the course of Party’s business relationship unless such information is or becomes public through no breach of the Supplier of any of its obligations and to keep such information confi- dential and not to use such information for its own benefit or for benefit of a third party during the term of the Purchase Order and for a period of 5 (five) years thereafter unless prohibited by applicable law .
12.2 The specifications, designs, manufacturing data, drawings, models, patterns, samples and sim- ilar objects relating to the Goods and provided by Buyer in connection with the performance of the Purchase Order shall at all times be the property of Buyer (or affiliated companies) and shall not be disclosed or made available or otherwise be made accessible to third parties with- out the prior consent of Buyer in Written Form. Supplier will use and maintain all of this infor- mation so it is ensured that it is not used for any purpose detrimental to the interests of Buyer.
Confidentiality, Advertising. 13.1 The Supplier shall treat as a business secret and keep confidential any and all commercial and technical information that is not publicly known and which is disclosed to the Supplier in connection with the business relationship with us. This confidentiality undertaking shall survive and remain in effect after the termination of the contract. The confidentiality undertaking does not extend to information which (i) is or becomes public domain other than by a breach of rights, (ii) is known to the Supplier at conclusion of the contract, or (iii) is disclosed to the Supplier by a third party without breaching any nondisclosure obligation.
13.2 The Supplier may not advertise the business relationship with us or use it for reference purposes, except with our prior written consent.
Confidentiality, Advertising. The Supplier shall treat as a business secret and keep confidential any and all commercial and technical information that is not publicly known (e.g. from illustrations, plans, drawings, calculations, execution instructions, product descriptions) and which is disclosed to the Supplier in connection with the business relationship with the Customer, as well as the fact of the business relationship as such. This confidentiality undertaking shall survive and re- main in effect after the termination of the contract. The confidentiality undertaking does not extend to information which (i) is or becomes public domain other than by a breach of rights,
Confidentiality, Advertising. 11.1 The Supplier commits itself to treat as business secrets and to keep confidential all commercial and technical information, which comes to its knowledge during the course of the business relationship unless such information is or becomes public knowledge without the fault of the Supplier.
11.2 Drawings, models, patterns, samples and similar items or documents shall not be disclosed or otherwise made available to third parties without the prior written consent of BMW. Reproduction of such items is only permitted, if operationally required and in compliance with the applicable copyright laws.
11.3 The Supplier shall include obligations equivalent to Sections 11.1 and 11.2 in all agreements with sub- contractors and will ensure that all its employees are contractually obliged to comply with the same.
11.4 The Supplier may only advertise its business link with BMW or use BMW’s name for any commercial purpose after obtaining the prior written consent of BMW.
11.5 The terms of this Section 11 shall survive the expiration or termination of the Agreement.
Confidentiality, Advertising. 14.1 The contracting parties shall treat as a business secret and keep confidential any and all commercial and technical information that is not publicly known and which is disclosed to them in connection with the business relationship. This confidentiality undertaking shall survive and remain in effect after the termination of the contract. The confidentiality undertaking does not extend to information which (i) is or becomes publicly known other than by a breach of rights, (ii) is known to the other party at conclusion of the contract, or (iii) is disclosed to the other party by a third party without breaching any nondisclosure obligation.
14.2 The contracting parties may not advertise their business relationship or use it for reference purposes, except with prior written consent.
Confidentiality, Advertising. Seller will
(i) keep all of Buyer’s Information (defined below) confidential and disclose it only to its employees who need to know such information in order for Seller to supply Goods to Buyer under this Purchase Order and
(ii) use Buyer’s information solely for the purpose of supplying Goods to Buyer. This does not apply to Buyer’s Information which is already generally known or which was verifiably known to Seller prior to Buyer’s notification. The same shall apply if the information becomes generally known after disclosure without a breach of contract, if Xxxxx becomes aware of the information from third parties without these third parties violating a confidentiality obligation, if the information is independently developed by Seller independently of the information transmitted
Confidentiality, Advertising. (1) The Supplier shall maintain secrecy regarding business and technical details, which he has received from the Purchaser within the framework of this business relationship, and use this information only insofar as it is necessary for the proper performance of the Contract. This shall apply in particular to information marked “confidential” and to documents, models, samples and similar materials forwarded by the Purchaser.
(2) The obligation referred to in Clause VIII paragraph (1) shall not apply, if the information a) was known to the Supplier at the time of conclusion of the Contract or becomes known later without basing on an infringement of the confidentiality obliga- tion by the Supplier or b) was publicly known at the time of conclusion of the Contract or will become publicly known later or c) has to be disclosed by the Supplier because of an ad- ministrative or court order and the Supplier has informed the Purchaser hereof.
(3) The Supplier is not authorized to use the legal relations to- wards the Supplier for advertising purposes and other publi- cations without Purchaser’s prior written consent.
(4) All rights to the documents, samples, models and similar materials – particularly copyrights – shall remain with the Pur- chaser. Documents, such as samples, technical drawings or other documentation surrendered by the Purchaser to the Supplier or its partners, shall be returned after expiry of the Contract or in case of non-conclusion of the Contract.
(5) For each individual case of a culpable breach of the confiden- tiality obligation under Xxxxxx XXXX paragraph (1) and in case none of the exceptions mentioned in paragraph (2) apply, the Supplier shall pay to the Purchaser an appropriate contractual penalty to be determined by the Purchaser, which, in the event of a dispute, shall be verified by the competent court. This contractual penalty shall be without prejudice to the evi- dence of a higher damage actually occurred, but shall be credited against any further damages.
Confidentiality, Advertising. Supplier shall consider all information furnished by Buyer (hereinafter referred to as “Information”) to be confidential and shall not disclose any such Information to any other person, or use such Information itself for any purpose other than performing this agreement, unless Supplier obtains written permission from Buyer to do so. Information shall include, without limitation, any customer, prospect and price lists, plans, photographs, designs, component designs, drawings, blueprints, specifications, inventions, technical data, trade secrets, and any other materials relating to this order or to the business of Buyer. All Buyer Information is and shall remain the property of Buyer. Upon Xxxxx’s written request or the termination of this agreement, Supplier shall return to Buyer all Buyer Information. In no event will Supplier use less than the degree of care and means that it uses to protect its own confidential information of like kind, but in any event not less than reasonable care, to prevent the unauthorized disclosure or use of Buyer’s Information, and such obligation shall extend to Supplier’s employees, agents and subcontractors. Supplier will not, without the prior written consent of the Buyer, advertise, publicly announce or provide to any other person information relating to the existence or details of the Order or use the Buyer’s name in any format for any promotion, publicity, marketing or advertising purpose. Unless otherwise agreed in writing, no commercial, financial, or technical information disclosed in any manner or at any time by Supplier to Buyer shall be deemed secret or confidential and Supplier shall have no rights against Buyer with respect thereto except such rights as may exist under patent laws.
Confidentiality, Advertising. The Contractor undertakes to treat all project specifics and internal company information of the Principal of which it becomes aware as confidential and not to pass such information on to third parties. The Contractor’s obligation to retain significant contractual documents expires after ten years with respect to the Principal’s claims against the Contractor. If the Contractor wishes to destroy original documents, it must first offer them to the Principal. The Contractor shall refer to the existing business relationship with the Principal in advertising or other media only with the prior written consent of the Principal. The use of the Principal’s trademarks (in particular the “BAYER Cross”) by the Contractor is not permitted in any case, unless the Principal expressly consents to this in writing.
Confidentiality, Advertising. The Supplier shall treat as a business secret and keep confidential any and all commercial and technical information that is not publicly known (e.g. from illustrations, plans, drawings, calcu- lations, execution instructions, product descriptions) and which is disclosed to the Supplier in connection with the business relationship with the Customer, as well as the fact of the business relationship as such. This confidentiality undertaking shall survive and remain in effect after the termination of the contract. The confidentiality undertaking does not extend to information which (i) is or becomes public domain other than by a breach of rights, (ii) is known to the Supplier at conclusion of the contract, or (iii) is disclosed to the Supplier by a third party without breaching any nondisclosure obligation.
