Common use of CONFIDENTIALITY & DATA PROTECTION Clause in Contracts

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the Services. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party (the "Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which: a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 yearsContract. 14.5 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the Services. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement, to the extent permitted under law). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 14.4 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services Works without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the ServicesWorks. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services Works are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 14.1. The parties shall use any documents, know-how, data or other information provided by the other party ("InformationInfor- mation") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving re- ceiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing disclos- ing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 14.2. This confidentiality obligation shall not apply to Information Infor- mation which: a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosuredis- closure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure dis- closure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing disclos- ing party in a timely manner of such requirementrequirement to the extent permitted under law). 14.3 14.3. The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 14.4. This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 14.5. Siemens and the Customer shall comply with the statutory statu- tory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required re- quired by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services without any breach of law. The Customer is advised to take appropriate appropri- ate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer Cus- tomer while providing the Services. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services Works with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out performance of the Services Works by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services Works without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the ServicesWorks. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services Works are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 14.4 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services Works without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the ServicesWorks. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services Works are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement, to the extent permitted under law). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the Services. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services are performed. The Customer and Siemens shall then agree on the actions to be taken.