Confidentiality Clause. 1. The parties agree to endeavor to take all reasonable measures to keep in confidence the execution, terms and conditions as well as performance of this Agreement, and the confidential data and information of any party that another party may know or access during performance of this Agreement (hereinafter referred to as “Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third party without the prior written consent of the party providing the information.
2. The above restriction is not applicable to:
(a) information that has already become generally available to the public at the time of disclosure;
(b) information that, after the time of disclosure, has become generally available to the public not because of the fault of any party hereto;
(c) information that any party hereto can prove that it has already possessed before the time of disclosure and that has not been directly or indirectly acquired from any other party hereto; and
(d) the foregoing Confidential Information that any party hereto is obliged to disclose to relevant governmental authorities or stock exchanges, among others, as required by law, or that any party hereto discloses to its direct legal counsels and financial advisors as needed during its due course of business.
3. The parties agree that this clause will continue to remain valid and effective regardless of any alteration, cancellation or termination of this Agreement.
Confidentiality Clause. 5.1 Both Parties to Agreement agree that they will take every possible reasonable confidentiality measure to keep confidential the confidential data and information (hereinafter referred to as “Confidential Information”. When providing the data and information, the data and information provider shall explicitly notify the other party that such data and information are the Confidential Information) learned or accessed in the signing and performance of this Agreement; such Confidential Information shall not be disclosed, given or transferred to any third party (including where the recipient of the Confidential Information merges with, is merged with, or is directly or indirectly controlled by a third party) without the prior written consent of the provider of the Confidential Information. Upon the termination of this Agreement, Party A and Party B shall return any document, material or software containing the Confidential Information to the original owner or provider of Confidential Information, or destroy such Confidential Information on their own after obtaining the consent from the original owner or provider, including deleting any Confidential Information from the relevant memory device, and shall not continue to use such Confidential Information. Party A and Party B shall take necessary measures to disclose the Confidential Information only to the employees, agents or professional advisors of Party B who are necessary to learn such information and cause such employees, agents or professional advisors of Party B to observe the obligation of confidentiality under this Agreement. Party A shall sign concrete confidentiality agreement with the employees, agents or professional advisors of Party B to assure the compliance and implementation by all parties.
5.2 The aforesaid restriction is not applicable to:
5.2.1 Data that have come into the public domain at the time of disclosure;
5.2.2 Data that have come into the public domain after the disclosure not at the fault of the recipient of the Confidential Information;
5.2.3 The recipient of Confidential Information can prove that it has learned such information prior to disclosure and has not obtained the data directly or indirectly from the provider of Confidential Information;
5.2.4 The recipient of Confidential Information has the obligation to disclose the aforesaid Confidential Information to relevant government authority, stock exchange or other parties as required by laws or discloses the same to its dir...
Confidentiality Clause. 6.1 The Clearing Member recognises that for the execution of this agreement, the Settlement Agent needs to be aware of the data relating to the settlement corresponding to the said Member, and therefore permits the Settlement Agent to avail itself of the relevant information through the Pre-settlement Service, CC&G, or another company engaged by the latter.
6.2 The Settlement Agent undertakes to observe and to ensure that personnel engaged, including when not directly employed, observe all due confidentiality in regards to data, facts, and other information known or knowable within the context or in relation to the obligations assumed under this agreement.
Confidentiality Clause. 6.1 The Clearing Member undertakes to comply and to cause the personnel of which it avails itself, including non- employees, to comply with any due confidentiality obligation in relation to data, facts and other information learned or which may be learned in the framework of or in relation to the obligations undertaken hereunder.
Confidentiality Clause. 1. The trade secrets mentioned in this agreement, including but not limited to the price, quantity, payment method involved in this agreement, the information of the other party exchanged by both parties in business contacts, and the trade secrets, company plans, operation activities, financial information, technical information, business information and other trade secrets, user data, sales prices, reports, etc. of the cooperation projects involved are the trade secrets of both parties. Both parties promise to keep the above-mentioned trade secrets in the process of discussing, signing and executing this agreement, and shall not disclose the above-mentioned trade secrets to any third party in any way. If one party to the agreement reveals the above-mentioned trade secrets due to the behavior of the other party, it shall have the right to ask the other party to bear all economic losses and all legal responsibilities.
2. The confidentiality clause is an independent clause, which is valid for a long time regardless of whether this agreement is signed, changed, dissolved or terminated.
3. The subjects involved in this clause are Party A and Party B, including but not limited to their branches, subsidiaries, other companies involved in operation and management as shareholders, companies with the same or similar business with shareholders of both companies, and all employees who may be involved in this agreement.
Confidentiality Clause. A. This Agreement and the pre Agreement documentation may contain confidential or proprietary information of either party to this Agreement. All parties shall maintain the confidentiality of this information and shall not disclose these to any third party without both parties approval.
B. Notwithstanding the above, any party may disclose such information without further approval from the other party in answer to interrogations, subpoenas or other legal/arbitration process as well as to the Company's reinsurance intermediary hereon, the Reinsurer's retrocessionaires or in response to requests by governmental and regulatory agencies. In addition the parties may disclose such information to their accountants and outside legal counsel as may be necessary.
Confidentiality Clause. The parties acknowledge that as a result of this Agreement, each party may have access to and receive from the other party non-public personally identifiable financial and/or health information (NPI), as defined in federal and state law, regarding consumers, customers, former customers and/or their beneficiaries. The parties agree to maintain the confidentiality of such NPI and shall not use, disclose, furnish or make accessible such NPI to anyone other than authorized employees and agents of that party as necessary to carry out the party’s obligations under this Agreement. Each party further agrees to establish and maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of the NPI. At the request of the party that owns the NPI, or in the absence of such request, upon termination of this Agreement, the other party shall promptly return all NPI which has been provided to it, or dispose of such NPI in a manner agreed upon by the parties, unless the party is required to maintain such NPI under federal or state laws or regulations. [Signatures on the Following Page.]
Confidentiality Clause. Both parties shall be obliged to keep confidentiality in terms of the business, technical information, and trade secrets of the other party that they gain or hold in the course of business cooperation. The information shall not be disclosed to a third party without the written consent of the other party. If either party breaches the confidentiality clause and leads to losses to the other party, the breaching party shall bear corresponding economic and legal liabilities.
Confidentiality Clause. 10.1 Party B undertakes to keep all the information concerning Party A’s commercial secrets known or aware of through the execution of this contract as confidential.
10.2 In case of conducting any of the following activities, Party B shall be deemed as the breach of the Contract herein:
10.2.1 Disclose any information concerning the commercial secrets of Party A to the public or any other third party orally or by the provision of relevant documents, resulting in the public or such third party’s knowledge of the whole or part of such information.
10.2.2 Disclose any information concerning the commercial secrets of Party A to the public through the broadcast, television, newspaper or other media, etc.
10.2.3 Any other activity that may make any information concerning the commercial secrets of Party A known or aware of by the public or any other third party.
10.3 Commercial secrets as described in this article shall refer to any information, plan, method, or scheme with regard to technology or business operation that are aware of by the public, able to bring forth economic benefits, provided with practicability and treated as confidential by Party A, including but not limited to, business guideline and plan, marketing strategy and plan, customer list, sales price of products, production cost of products, regulations and provisions, working flow and various kinds of financial data, etc.
10.4 The term of this confidentiality clause shall be extended for ten years after the termination of this Contract.
10.5 This confidentiality clause shall be effective regardless of the limitation of territory of China.
Confidentiality Clause. 4.2.1 The Licensee shall keep in strict confidence all the confidential materials and information of the Licensor which are known to or accessible by the Licensee in connection with its acceptance of the license with regard to the Cellphone Games Software (hereinafter referred to as the “Confidential Information”). Upon the termination of this Agreement, the Licensee shall also, at the request of the Licensor, return all documents, information or software containing any Confidential Information, or destroy them on its own and delete Confidential Information from all its memory devices, and shall not continue to use such Confidential Information. Without the prior written consent of the Licensor, the Licensee shall not disclose, offer or transfer to any third party the Confidential Information.
4.2.2 The Parties agree that Clause 4.2.1 will continue to have effect regardless of any change, discharge or termination of this Agreement.
