Common use of Confidentiality – Dissertation and Examination Clause in Contracts

Confidentiality – Dissertation and Examination. Each Associate partner shall make the student aware of the provisions of this agreement. Where confidentiality of results of any work is an issue, the Supervisor of the student should make their institution aware and arrange to put in place a confidentiality agreement. This need may extend to the external examination of the dissertations arising from this programme. All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the IMBRSea programme during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The Recipients hereby undertake for a period of 5 years after the end of the Master thesis or Professional practice:  not to use Confidential Information otherwise than for the purpose for which it was disclosed;  not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party;  to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and  to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that:  the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations;  the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential;  the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party;  the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or  the Confidential Information was already known to the Recipient prior to disclosure or  the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure  notify the Disclosing Party, and  comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. Plagiarism of information included in thesis reports or any other reports will not be allowed and may lead to exclusion from the programme. Proper references need to be given in all documents used.

Appears in 2 contracts

Samples: Consortium Agreement, Consortium Agreement

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Confidentiality – Dissertation and Examination. Each Associate partner shall make the student aware of the provisions of this agreement. Where confidentiality of results of any work is an issue, the Supervisor of the student should make their institution aware and arrange to put in place a confidentiality agreement. This need may extend to the external examination of the dissertations arising from this programme. All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the IMBRSea programme during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The Recipients hereby undertake for a period of 5 years after the end of the Master thesis or Professional practice: not to use Confidential Information otherwise than for the purpose for which it was disclosed; not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or the Confidential Information was already known to the Recipient prior to disclosure or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. Plagiarism of information included in thesis reports or any other reports will not be allowed and may lead to exclusion from the programme. Proper references need to be given in all documents used.

Appears in 1 contract

Samples: Imbrsea Consortium Agreement

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Confidentiality – Dissertation and Examination. Most universities will have policies with regards to confidentiality and it is recognized that some of the information may be confidential or be required to be kept confidential. Each Associate partner shall make the student aware of the provisions of this agreementagreement and those in place at the Partner University he or she has matriculated. Where confidentiality of results of any work is an issue, issue the Supervisor of the student should make their institution aware and arrange to put in place a confidentiality agreement. This need may extend to the external examination of the dissertations arising from this programme. All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the IMBRSea programme during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The Recipients hereby undertake for a period of 5 years after the end of the Master thesis or Professional practiceIMBRSea programme:  not to use Confidential Information otherwise than for the purpose for which it was disclosed;  not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party;  to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and  to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that:  the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations;  the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential;  the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party;  the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or  the Confidential Information was already known to the Recipient prior to disclosure or  the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure  notify the Disclosing Party, and  comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. Plagiarism of information included in thesis reports or any other reports will not be allowed and may lead to exclusion from the programme. Proper references need to be given in all documents used.

Appears in 1 contract

Samples: Imbrsea Consortium Agreement

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