Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 and 18.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations including any discovery of Petroleum as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.3. The provisions of this Clause 18 shall not apply to disclosure to: (a) Affiliates; (b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 18; (c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure; (d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential; (e) a bona fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; and (f) in accordance with and as required by the Oil Revenue Law.
Appears in 1 contract
Confidentiality and Public Announcements. 18.1 Subject
12.1 Neither Sky nor the Client shall make any public or press announcement, press release, communication or statement concerning this Agreement without the other parties' prior written consent, such consent not to be unreasonably withheld or delayed. For the purposes of clarity, the parties agree that any breach of this Clause 12 shall constitute a material breach of this Agreement.
12.2 Each of Sky and the Client undertakes, subject to Clauses 18.4 12.3.1 and 18.512.4 below, that it will treat as confidential the Contractor terms of this Agreement together with all information it obtains about either of the other parties concerning the business, finances, revenues/prices, technology and affairs of the National Petroleum Agency shall keep information furnished to other parties generally and each other of the parties’ respective obligations hereunder or otherwise in connection with Petroleum Operations this Agreement and all plansregardless of its nature (“Confidential Information”), maps, drawings, designs, data, scientific, technical and financial reports will not disclose such information to any person except in accordance with this Clause 12 and will not use such Confidential Information other data and information than for the purposes of this Agreement subject always to any kind or nature relating to Petroleum Operations including any discovery of Petroleum as strictly confidential and prior specific authorisation in writing by the relevant party who disclosed/ owns the Confidential Information.
12.3 Neither party shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or disclose Confidential Information to any third party without (other than to its own employees and officers in accordance with this Clause 12), except for information that:
12.3.1 is in the prior written consent public domain other than by default of the other. With regard recipient party:
12.3.2 is obtained by the recipient party from a bona fide third party having no apparent restraint on its free right of disposal of such information;
12.3.3 is or has already been independently generated by the recipient party;
12.3.4 is reasonably passed on to data about aspects third parties by Sky for the purposes of geologyundertaking credit and risk management; or
12.3.5 is required to be disclosed by law (or applicable regulation, reservoir engineering including, the Listing Rules of the Stock Exchange and the City Code on Takeovers and Mergers) or production engineeringthe valid order of a court of competent jurisdiction, reports or the request or direction of any governmental or other material submitted regulatory authority or agency provided that the recipient party shall notify the disclosing party promptly of any such potential requirement (and, if possible, prior to public authoritiesmaking any such disclosure) and shall use all reasonable endeavours to seek confidential treatment of any such information.
12.4 Notwithstanding any other provision of this Agreement, it shall not be a breach of this Agreement for any of the confidentiality obligations shall have parties to disclose any information given to them in connection with this Agreement for statutory auditing purposes or pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with statutory power to require the duration specified in Clause 18.3. disclosure of such information, provided that the affected party gives all reasonable notice of such disclosure to the other parties.
12.5 The provisions of this Clause 18 12 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractorsexpressly survive the termination, auditors, financial consultants completion or legal advisers, provided that such disclosures are required for the effective performances assignment of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 18;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue LawAgreement.
Appears in 1 contract
Samples: Sponsorship Agreement
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 18.4 and 18.518.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial financiaI reports and other data and information of any kind or nature relating to Petroleum Operations including any discovery of Petroleum as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.318.3. The provisions of this Clause 18 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ ' duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 1818;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s ' s or its Affiliates’ ' stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona abona fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 18 to keep the information disclosed to it strictly strictIy confidential; and
(f) in accordance with and as required by the Oil Revenue Law.
Appears in 1 contract
Samples: Production Sharing Contract
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 18.4 and 18.518.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations Operations, including any discovery of Petroleum Petroleum, as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, engineering from reports or other material submitted to public authorities, the confidentiality obligations duty of secrecy shall have the following duration specified calculated from the time when the data became available to the contractor: - 2 years for data which are not commercially available, which are owned by the contractor and which originate from the contract area in Clause 18.3question, - 10 years for data, which have been commercially available, from the time when they became available to the contractor, - 5 years for other data. The provisions of this Clause 18 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ ' duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 1818;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ 's stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona bone fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue Law.
Appears in 1 contract
Samples: Production Sharing Contract
Confidentiality and Public Announcements. 18.1 Subject The provisions of any other agreement to Clauses 18.4 the contrary notwithstanding, including any provisions of that certain Confidentiality Agreement, by and 18.5between B&R Global Holdings, Inc., a subsidiary of Parent, and Seller, effective December 1, 2021 (the “Confidentiality Agreement”), until the disclosure contemplated by the following sentence is made, the Contractor parties agree to maintain the confidentiality of (a) the transactions contemplated by this Agreement, any of the Transaction Documents or any of the Purchaser Transaction Documents and (b) the respective terms of such agreement and documents, unless disclosure is required by Law. The parties agree to announce the consummation of such transactions simultaneously at a mutually agreeable time. The content of all announcements and publicity relating to this Agreement, any of the Transaction Documents or any of the Purchaser Transaction Documents will be subject to the mutual approval of the Seller and the National Petroleum Agency shall keep information furnished Purchaser (except as otherwise required by Law). Each party hereto (hereinafter referred to each other in connection with Petroleum Operations and all plansthis context as a “receiving party”) shall, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations including any discovery of Petroleum as strictly confidential and shall ensure cause its representatives to, maintain the confidentiality of all non-public information concerning the other parties hereto (each such party hereinafter referred to in this context as a “disclosing party”) (other than such information that their entire or partial contents shall under no circumstances be disclosed in any announcement becomes generally available to the public other than as a result of disclosure by the receiving party) that becomes known by such receiving party or to any third party without the prior written consent its representatives as a result of the othernegotiation or consummation of the transactions contemplated by this Agreement, any of the Transaction Documents or any of the Purchaser Transaction Documents. With regard Nothing contained herein shall limit the right of any such persons to data about aspects of geologydisclose any such information to their subsidiaries, reservoir engineering or production engineeringemployees, reports or other material submitted to public authoritiesagents, the confidentiality obligations shall have the duration specified in Clause 18.3. The provisions of this Clause 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractorsrepresentatives, auditorscounsel, accountants and financial consultants or legal advisers, provided that such disclosures are required advisors for the effective performances purpose of facilitating the consummation of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 18;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue Lawtransactions contemplated hereby.
Appears in 1 contract
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 18.4 and 18.518.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations including any discovery of Petroleum as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.318.3. The provisions of this Clause 18 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 1818;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue Law.
Appears in 1 contract
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 18.4 and 18.518.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations Operations, including any discovery of Petroleum Petroleum, as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, engineering from reports or other material submitted to public authorities, the confidentiality obligations duty of secrecy shall have the following duration specified calculated from the time when the data became available to the Contractor: - 2 years for data which are not commercially available, which are owned by the Contractor and which originate from the Contract Area in Clause 18.3question, - 10 years for data, which have been commercially available, from the time when they became available to the Contractor, - 5 years for other data. The provisions of this Clause 18 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ ' duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 1818;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ 's stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona fide third party purchaser purchaser, provided that the party receiving such third party information executes an undertaking similar to the undertaking contained in this Clause 18 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue Law.
Appears in 1 contract
Samples: Production Sharing Contract
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 18.4 and 18.518.5, the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information of any kind or nature relating to Petroleum Operations Operations, including any discovery of Petroleum Petroleum, as strictly confidential and shall ensure that their entire or partial contents shall under no circumstances be disclosed in any announcement to the public or to any third party without the prior written consent of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, engineering from reports or other material submitted to public authorities, the confidentiality obligations duty of secrecy shall have the following duration specified calculated from the time when the data became available to the contractor: - 2 years for data which are not commercially available, which are owned by the contractor and which originate from the contract area in Clause 18.3question, - 10 years for data, which have been commercially available, from the time when they became available to the contractor, - 5 years for other data. The provisions of this Clause 18 18 shall not apply to disclosure to:
(a) Affiliates;
(b) sub-contractors, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ ' duties related to Petroleum Operations and provided further that they are under a similar undertaking of confidentiality as that contained in this Clause 1818;
(c) comply with statutory obligation or the requirements of any governmental agency or the rules of a stock exchange on which a Party’s or its Affiliates’ 's stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosure;
(d) financial institutions involved in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients of such data and information agree in writing to keep such data and information strictly confidential;
(e) a bona bone fide third party purchaser provided that such third party executes an undertaking similar to the undertaking contained in this Clause 18 18 to keep the information disclosed to it strictly confidential; and
(f) in accordance with and as required by the Oil Revenue Law.
18.2 The Parties shall take necessary measures in order to make their directors, officers, employees, agents and representatives comply with the same obligation of confidentiality provided for in this Clause 18.
18.3 The provisions of this clause 18 shall terminate five (5) years after the termination or expiration of this Contract.
18.4 The Contractor shall use best endeavors to ensure that it, its Affiliates and Associates and each of their respective directors, officers, servants, employees and agents shall not make any reference in public or publish any notes in newspapers, periodicals or books nor divulge, by any other means whatsoever, any information on the activities under the Petroleum Operations, or any reports, data or any facts and documents that may come to their knowledge by virtue of this Contract, without the prior written consent of the National Petroleum Agency.
18.5 No announcement of a Discovery or Commercial Discovery may be made by the Contractor otherwise than in accordance with this clause 18 and unless and until the Government has made a prior announcement of such Discovery or Commercial Discovery in the national and international media.
Appears in 1 contract
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 9.1 Confidential Information acquired or received by any party under this Agreement shall be held confidential during the continuance of this Agreement and 18.5, until the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information cessation of any kind or nature relating to Petroleum Operations including any discovery commercial production of Petroleum as strictly confidential from the Discovery Field plus a period of 2 years thereafter and shall ensure that their entire or partial contents shall under no circumstances not be disclosed divulged in any announcement to the public or way to any third party party, without the prior written consent approval of all the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.3. The provisions of this Clause 18 Producers which shall not apply be unreasonably withheld provided that any party to disclosure to:this Agreement may, without such approval, disclose Confidential Information: -
(a) Affiliatesto any Affiliate or bonafide intended assignee of such party upon obtaining a similar undertaking of confidentiality from such Affiliate or assignee in favour of all Producers;
(b) sub-contractorsto any outside consultants, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under upon obtaining a similar undertaking of confidentiality as that contained from such consultants in this Clause 18favour of all Producers;
(c) comply with statutory obligation to any bank or the requirements financial institution from whom such party is seeking or obtaining finance, upon obtaining a similar undertaking of any governmental agency confidentiality from such bank or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosureinstitution;
(d) financial institutions involved to the extent required by the Act, the Licence, any other applicable laws or regulations or the Securities and Exchange Commission of Australia or any other Security Commission having jurisdiction over a party to this Agreement or the regulations of any recognised stock exchange on which are listed for quotation shares in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients capital of such data and information agree in writing to keep party or any Affiliate of such data and information strictly confidentialparty;
(e) in a bona fide third party purchaser provided that prospectus registered by the Australian Securities Commission, or any delegate thereof, where such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; anddisclosure is required by law;
(f) in accordance with and as required by to the Oil Revenue Lawextent that the same has become generally available to the public; or
(g) to the extent acquired independently from a third party whom the disclosing party believed on reasonable grounds was under no obligation of confidentiality relating thereto.
Appears in 1 contract
Samples: Indirect Participation Interest Agreement (Interoil Corp)
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 10.1 Confidential Information acquired or received by any party under this Agreement shall be held confidential during the continuance of this Agreement and 18.5, until the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information cessation of any kind or nature relating to Petroleum Operations including any discovery commercial production of Petroleum as strictly confidential from the Discovery Field plus a period of 2 years thereafter and shall ensure that their entire or partial contents shall under no circumstances not be disclosed PNGDV.Advisors Group LTD 10 divulged in any announcement to the public or way to any third party party, without the prior written consent approval of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.3. The provisions of this Clause 18 party (which shall not apply be unreasonably withheld) and such third parties as the other party may reasonably request, provided that any party to disclosure to:this Agreement may, without such approval, disclose Confidential Information:-
(a) Affiliatesto any Affiliate or bona fide intended assignee of such party upon obtaining a similar undertaking of confidentiality from such Affiliate or assignee in favour of the other party and such third parties as the othr party may reasonably request;
(b) sub-contractorsto any outside consultants, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under upon obtaining a similar undertaking of confidentiality from such consultants in favour of the other party and such third parties as that contained in this Clause 18the other party may reasonably request;
(c) comply with statutory obligation to any bank or the requirements financial institution from whom such party is seeking or obtaining finance, upon obtaining a similar undertaking of any governmental agency confidentiality from such bank or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosureinstitution;
(d) financial institutions involved to the extent required by the Oil and Gas Act, the Licence, any other applicable laws or regulations or the Securities and Exchange Commission of Australia or any comparable government entity having jurisdiction over a party to this Agreement or the regulations of any recognised stock exchange on which are listed for quotation shares in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients capital of such data and information agree in writing to keep party or any Affiliate of such data and information strictly confidentialparty;
(e) in a bona fide third party purchaser provided that prospectus registered by the Australian Securities Commission or any comparable government entity, or any delegate thereof, where such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; anddisclosure is required by law;
(f) in accordance with and as required by to the Oil Revenue Lawextent that the same has become generally available tot the public; or
(g) to the extent acquired independently from a third party whom the disclosing party believed on reasonable grounds was under no obligation of confidentiality relating thereto.
Appears in 1 contract
Samples: Indirect Participation Interest Agreement (Bontan Corp Inc)
Confidentiality and Public Announcements. 18.1 Subject to Clauses 18.4 10.1 Confidential Information acquired or received by any party under this Agreement shall be held confidential during the continuance of this Agreement and 18.5, until the Contractor and the National Petroleum Agency shall keep information furnished to each other in connection with Petroleum Operations and all plans, maps, drawings, designs, data, scientific, technical and financial reports and other data and information cessation of any kind or nature relating to Petroleum Operations including any discovery commercial production of Petroleum as strictly confidential from the Discovery Field plus a period of 2 years thereafter and shall ensure that their entire or partial contents shall under no circumstances not be disclosed divulged in any announcement to the public or way to any third party party, without the prior written consent approval of the other. With regard to data about aspects of geology, reservoir engineering or production engineering, reports or other material submitted to public authorities, the confidentiality obligations shall have the duration specified in Clause 18.3. The provisions of this Clause 18 party (which shall not apply be unreasonably withheld) and such third parties as the other party may reasonably request, provided that any party to disclosure to:this Agreement may, without such approval, disclose Confidential Information:-
(a) Affiliatesto any Affiliate or bona fide intended assignee of such party upon obtaining a similar undertaking of confidentiality from such Affiliate or assignee in favour of the other party and such third parties as the other party may reasonably request;
(b) sub-contractorsto any outside consultants, auditors, financial consultants or legal advisers, provided that such disclosures are required for the effective performances of the aforementioned recipients’ duties related to Petroleum Operations and provided further that they are under upon obtaining a similar undertaking of confidentiality from such consultants in favour of the other party and such third parties as that contained in this Clause 18the other party may reasonably request;
(c) comply with statutory obligation to any bank or the requirements financial institution from whom such party is seeking or obtaining finance, upon obtaining a similar undertaking of any governmental agency confidentiality from such bank or the rules of a stock exchange on which a Party’s or its Affiliates’ stock is publicly traded in which case the disclosing Party will notify the other Party of any information so disclosed prior to such disclosureinstitution;
(d) financial institutions involved to the extent required by the Oil and Gas Act, the Licence, any other applicable laws or regulations or the Securities and Exchange Commission of Australia or any comparable government entity having jurisdiction over a party to this Agreement or the regulations of any recognised stock exchange on which are listed for quotation shares in the provision of finance for the Petroleum Operations hereunder provided, in all such cases, that the recipients capital of such data and information agree in writing to keep party or any Affiliate of such data and information strictly confidentialparty;
(e) in a bona fide third party purchaser provided that prospectus registered by the Australian Securities Commission or any comparable government entity, or any delegate thereof, where such third party executes an undertaking similar to the undertaking contained in this Clause 18 to keep the information disclosed to it strictly confidential; anddisclosure is required by law;
(f) in accordance with and as required by to the Oil Revenue Lawextent that the same has become generally available to the public; or
(g) to the extent acquired independently from a third party whom the disclosing party believed on reasonable grounds was under no obligation of confidentiality relating thereto.
Appears in 1 contract