Common use of Confidentiality and Publicity Restrictions Clause in Contracts

Confidentiality and Publicity Restrictions. ‌ 18.1. Except as otherwise provided hereunder, all Confidential Information communicated by Supplier to Purchaser shall be kept in confidence and shall be used only for the purpose of any Agreement, except:‌ (a) as may be necessary to comply with laws, statutes and regulations, provided that, prior to disclosure, Purchaser notifies Supplier of such requirement and cooperates with Supplier’s efforts to seek a protective order or otherwise avoid or minimize the disclosure; (b) to the extent such Confidential Information is already known to Purchaser, becomes known to Purchaser without confidentiality obligations attached, or is independently developed by Purchaser without use of the Confidential Information; (c) to the extent such Confidential Information is or becomes known to the public other than by a breach of this Section 18; (d) to the professional advisers of Purchaser who are under duties of confidentiality; or (e) with prior written consent of Supplier. 18.2. Purchaser will take all reasonable measures to ensure safe preservation or storage with respect to the Confidential Information and shall obtain appropriate undertakings of confidentiality from its employees. Purchaser shall promptly return or destroy, at Supplier’s option, all Confidential Information when requested. 18.3. The Parties agree that the applicability of the confidentiality provisions of this Section 18 shall be subject to any existing non-disclosure agreement(s) and/or confidentiality agreements between the Parties covering Confidential Information and/or confidentiality of the subject matter hereof and that such agreements shall take precedence over and supersede any inconsistent provisions set forth in these General Terms of Sale. 18.4. Purchaser is not allowed to use Supplier’s Trademarks, trade names or any other indications in relation to the Goods and/or Services, or to publicly make any reference to Supplier, whether in press releases, advertisements, sales literature or otherwise, except with Supplier’s prior written consent. Such use must at all times be in accordance with the Lumileds branding guidelines as updated by Supplier from time to time.

Confidentiality and Publicity Restrictions. ‌‌‌ 18.1. Except as otherwise provided hereunder, all Confidential Information communicated by Supplier to Purchaser shall be kept in confidence and shall be used only for the purpose of any Agreement, except:‌except: (a) as may be necessary to comply with laws, statutes and regulations, provided that, prior to disclosure, Purchaser notifies Supplier of such requirement and cooperates with Supplier’s efforts to seek a protective order or otherwise avoid or minimize the disclosure; (b) to the extent such Confidential Information is already known to Purchaser, becomes known to Purchaser without confidentiality obligations attached, or is independently developed by Purchaser without use of the Confidential Information; (c) to the extent such Confidential Information is or becomes known to the public other than by a breach of this Section 18; (d) to the professional advisers of Purchaser who are under duties of confidentiality; or (e) with prior written consent of Supplier. 18.2. Purchaser will take all reasonable measures to ensure safe preservation or storage with respect to the Confidential Information and shall obtain appropriate undertakings of confidentiality from its employees. Purchaser shall promptly return or destroy, at Supplier’s option, all Confidential Information when requested. 18.3. The Parties agree that the applicability of the confidentiality provisions of this Section 18 shall be subject to any existing non-disclosure agreement(s) and/or confidentiality agreements between the Parties covering Confidential Information and/or confidentiality of the subject matter hereof and that such agreements shall take precedence over and supersede any inconsistent provisions set forth in these General Terms of Sale. 18.4. Purchaser is not allowed to use Supplier’s Trademarks, trade names or any other indications in relation to the Goods and/or Services, or to publicly make any reference to Supplier, whether in press releases, advertisements, sales literature or otherwise, except with Supplier’s prior written consent. Such use must at all times be in accordance with the Lumileds branding guidelines as updated by Supplier from time to time.