Common use of CONFIDENTIALITY AND THIRD PARTIES Clause in Contracts

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI will cause to be provided, and will continue cause to be provided, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the Company. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held for and on behalf of VTI and will be held in trust and confidence by the Company for VTI and no immunity, license or right respecting the Confidential Information is granted to the Company under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreement. 3.03 The Company will not without the prior written consent of VTI directly or indirectly, other than through or with VTI, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company. 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI would be reasonably expected to employ for its own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI will cause to be provided, and will continue cause to be provided, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the Company. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held for and on behalf of VTI and will be held in trust and confidence by the Company for VTI and no immunity, license or right respecting the Confidential Information is granted to the Company under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreement. 3.03 The Except for the dealings with Fujita, the Company will not without the prior written consent of VTI directly or indirectly, other than through or with VTI, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company. 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI would be reasonably expected to employ for its own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI Zhou will cause to be providedprovide, and will continue cause to be providedprovide, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the CompanyCompany for the benefit of VTI. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held by the Company for and on behalf of VTI and will be held in trust and confidence by Zhou for the Company for on behalf of VTI and no immunity, license or right respecting the Confidential Information is granted to the Company Zhou under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreementthe Company on behalf of VTI. 3.03 The Company Zhou will not without the prior written consent of VTI the Company directly or indirectly, other than through or with VTIthe Company, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company. 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI Zhou would be reasonably expected to employ for its his own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI Zhou will cause to be providedprovide, and will continue cause to be providedprovide, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the CompanyCompany for the benefit of VTI. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held by the Company for and on behalf of VTI and will be held in trust and confidence by Zhou for the Company for on behalf of VTI and no immunity, license or right respecting the Confidential Information is granted to the Company Zhou under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreementthe Company on behalf of VTI. 3.03 The Company Zhou will not without the prior written consent of VTI the Company directly or indirectly, other than through or with VTIthe Company, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company. 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI Zhou would be reasonably expected to employ for its his own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.. 252

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI Zhou will cause to be providedprovide, and will continue cause to be providedprovide, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the CompanyCompany for the benefit of VTI. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held by the Company for and on behalf of VTI and will be held in trust and confidence by Zhou for the Company for on behalf of VTI and no immunity, license or right respecting the Confidential Information is granted to the Company Zhou under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreementthe Company on behalf of VTI. 3.03 The Company Zhou will not without the prior written consent of VTI the Company directly or indirectly, other than through or with VTIthe Company, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company.the 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI Zhou would be reasonably expected to employ for its his own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.

CONFIDENTIALITY AND THIRD PARTIES. 3.01 VTI The Company will cause to be providedprovide, and will continue cause to be providedprovide, all Confidential Information relating to the Bearings, the Enhancements and the Documentation to the CompanyVTI. 3.02 All right, title and interest in and to the Confidential Information is will remain, the exclusive worldwide property of VTI held for and on behalf of VTI and will be held in trust and confidence by the Company for VTI and no immunity, license or right respecting the Confidential Information is granted to the Company Comapny under this Agreement by implication or otherwise to deal with the Confidential Information with any party except as expressly provided in this Agreement. 3.03 The Except for the dealings with Fujita, the Company will not without the prior written consent of VTI directly or indirectly, other than through or with VTI, deal with or contact any other person, firm or corporation regarding the Confidential Information and will not except through the acquisition of rights on constitution of a venture with the Company or its successors directly or indirectly acquire any proprietary interest in or to, use, distribute, license or otherwise disclose the Confidential Information or any other matter containing or based, in whole or in part, on the Confidential Information and in particular will not use the Confidential Information, or suffer or permit any associate or affiliate to use the Confidential Information, in any way except in the constitution of a venture with the Company. 3.04 The Company will use its best efforts, and will use its best efforts to cause its directors officers, employees and agents, to keep confidential and protect the Confidential Information and the interests of the Company in and to the Confidential Information and the standard of best efforts will be no less than the degree of care that VTI would be reasonably expected to employ for its own trade secret, proprietary or confidential information. 3.05 Nothing will prevent the Company from disclosing Confidential Information if required under any agreement to which the Company is a party providing for the sale of Bearings or by applicable securities laws to which the Company or any parent or affiliate of the Company is subject.