Common use of Confidentiality Information Clause in Contracts

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 8 contracts

Samples: Vendor and Supplier Contracts, Vendor and Supplier Contracts, Supply Agreement

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Confidentiality Information. 1. 7.1 The Supplier (i) shall keep secret all any information, including without limitation such as drawings, documents, know howfindings, samples, production de- vicesmanufacturing equip- ment, models, media (collectively, the “Information”), (ii) may not make such Information available data carriers etc. supplied by us confidential and refrain from providing it to third parties (including sub-Suppliersalso subcon- tractors) or utilise it for any purpose other than that intended by us without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicatesconsent. This confidentiality applies accordingly for duplications. This obligation does not apply to for information (i) that the Supplier had already obtained of which he was legitimately aware at the time of disclosure provided such information was not subject to a the submission or which are or become publicly known subsequently without violation of an obligation for confidentiality obligation, (ii) that or for which he has obtained written permission for alternative usage. The obligation expires five years following the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one cessation of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without relationship. 7.2 Without our prior written consent, the Supplier is not entitled to advertise his business relationship with us. 2. 7.3 We retain title reserve proprietary rights and reserve all other rights (such as copyrighte.g. copyrights) to the Informationinformation provided by us. Copies Duplications may only be made only with following our prior written consent. Title to Duplications become our property upon their creation. It is hereby agreed between the copies passes to us at the time such copies are created. Supplier hereby agrees with and us that the Supplier stores shall store the copies duplications on behalf of our company as baileebehalf. The Supplier agrees has to properly store at its expense all carefully store, maintain and insure the provided documents and other objects, including objects as well as copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them thereof at his expense and to return surrender them to us or destroy them, in each case upon them at our requestrequest at any time. The Supplier has no rightis not entitled to a right of retention, on whatever grounds, to retain such objectsregardless of the reason. The Supplier shall is obligated to confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., 7.4 We are entitled to demand a contractual penalty in of an appropriate amount for each violation of the obligation according to no. 1, however maximally 100,000 Euro. The Supplier is entitled to verify the appropriateness of the amount of Euro 25,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decisioncourt. Damages shall Any payments of contractual penalties are to be set off offset against any paid contractual penaltiescompen- sation claims.

Appears in 3 contracts

Samples: General Purchasing Conditions, General Purchasing Conditions, General Purchasing Conditions

Confidentiality Information. 1. The Supplier supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssuppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier supplier has received permission. The Supplier supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier supplier stores the copies on behalf of our company as bailee. The Supplier supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Suppliersupplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier supplier has no right, on whatever grounds, to retain such objects. The Supplier supplier shall confirm the complete return or destruction of the relevant object in writing. 32. If the Supplier supplier breaches its obligations set forth in VII. VI 1., a contractual penalty in the amount of Euro 25,000 shall become due and payable immediately for each breach. The Supplier supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure disclo- sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company compa- ny as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties. We are entitled to claim further compensation in excess of the agreed contractual penalty.

Appears in 2 contracts

Samples: Supply Agreement, Vendor and Supplier Contracts

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure disclo- sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company compa- ny as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Confidentiality Information. 1. The Supplier (i) supplier shall keep secret all informationinformation received from us and becoming known to him in another way, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectivelydata carriers etc., the “Information”), (ii) may not make such Information information available to third parties (including sub-Supplierssuppliers) without our written consent and (iii) may not use such Information information for purposes other than as determined by us. These obligations shall apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which in another manner the Supplier supplier has received permissionpermission in written form. The Supplier supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Informationinformation made available by us. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier supplier stores the copies on behalf of our company as bailee. The Supplier supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Suppliersupplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy themthem at any time, in each case upon our request. The Supplier supplier has no right, on whatever grounds, to retain such objects. The Supplier supplier shall confirm the complete return or destruction of the relevant object in writing. 32. If the Supplier supplier breaches its obligations set forth in VII. 1.clause XII.1 above, a contractual penalty in the amount of Euro 25,000 up to VND 725.000.000 shall become due and payable immediately for each breachbreach provided that such amount should not exceed 8% of total value of the breached contractual obligation portions. The Supplier supplier shall retain the right to have the adequacy of the contractual penalty determined by a court decision. Damages Any damages caused by the supplier’s breach of confidentiality shall be subject to compensation for damages. Claims for damages shall not be set off against any paid contractual penalties. For avoidance of doubts, contractual penalty for the services in connection with buildings or land shall be governed by the specific laws on construction and the specific agreements between supplier and us.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Confidentiality Information. 1. The Supplier supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssuppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier supplier has received permission. The Supplier supplier may not advertise its business relationship with us to us the other parties without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier supplier stores the copies on behalf of our company as bailee. The Supplier supplier agrees to properly store at its own expense all documents and other objects, including copies thereof, that were made available to Suppliersupplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier supplier has no right, on whatever grounds, to retain such objects. The Supplier supplier shall confirm the complete return or destruction of the relevant object in writing. 32. If the Supplier supplier breaches its obligations set forth in VII. Clause VI (1.) above, a contractual penalty due to the confidentiality breach in the amount of Euro 25,000 VND 550,000 or a higher amount (as deemed appropriated, provided that such amount does not exceed 8% of total value of the breached contractual obligation portions) shall become due and payable immediately for each breach. The Supplier supplier shall retain the right to have the contractual penalty determined by a court decisioncompetent jurisdiction body. Damages shall not be set off against any paid contractual penaltiespenalties but shall be compensated for damages by the supplier due to such breached confidentiality obligation.

Appears in 2 contracts

Samples: Sales Contract, Sales Contract

Confidentiality Information. 1. The Supplier supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssuppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier supplier has received permission. The Supplier supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier supplier stores the copies on behalf of our company as bailee. The Supplier supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Suppliersupplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier supplier has no right, on whatever grounds, to retain such objects. The Supplier supplier shall confirm the complete return or destruction of the relevant object in writing. 32. If the Supplier supplier breaches its obligations set forth in VII. VI 1., a contractual penalty in the amount of Euro 25,000 shall become due and payable immediately for each breach. The Supplier supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: Sales Contract, Sales Contract

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 KRW 40,000,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: Vendor and Supplier Contracts, Vendor and Supplier Contracts

Confidentiality Information. 1. The Supplier (i) supplier shall keep secret all informationinformation received from us and becoming known to him in another way, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectivelydata carriers etc., the “Information”), (ii) may not make such Information information available to third parties (including sub-Supplierssuppliers and sub-suppliers) without our written consent and (iii) may not use such Information information for purposes other than as determined by us. These obligations shall apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which in another manner the Supplier supplier has received permissionpermission in written form. The Supplier supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Informationinformation made available by us. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier supplier stores the copies on behalf of our company as bailee. The Supplier supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Suppliersupplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy themthem at any time, in each case upon our request. The Supplier supplier has no right, on whatever grounds, to retain such objects. The Supplier supplier shall confirm the complete return or destruction of the relevant object in writing. 32. If the Supplier supplier breaches its obligations set forth in VII. 1XII., a contractual penalty in the amount of up to Euro 25,000 shall become due and payable immediately for each breach. The Supplier supplier shall retain the right to have the adequacy of the contractual penalty determined by a court decision. Damages Claims for damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 CZK 685.000,- shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: Vendor and Supplier Contracts, Supply Agreement

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssubcontractors) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties Parties or (iv) for the disclosure disclo- sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. The Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to the Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages Dam- ages shall be set off against any paid contractual penalties.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 CHF 25.000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssubcontractors) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties Parties or (iv) for the disclosure disclo- sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. The Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to the Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 (twenty five thousand) or any amount equivalent in the local currency shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: Vendor and Supplier Contracts

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Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure disclo- sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the InformationInformation and documents. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction de- struction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro CHF 25,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: Supply Agreement

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation limitation, drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our SCHAEFFLER’S written consent and (iii) may not use such Information information for purposes other than as those determined by usSCHAEFFLER. These obligations apply mutatis mutandis respectively to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure disclosure, provided that such information was not subject to a confidentiality obligation, (ii) that which the Supplier later obtains obtained subsequently and legitimately without being obligated to keep such information confidential, (iii) that which is or becomes generally known known, without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to with us without our prior written consent. 2. We SCHAEFFLER retain title ownership and reserve all other rights (such as including copyright) relating to the Information. Copies may be made only with our SCHAEFFLER’S prior written consent. Title to Ownership of the copies passes will be transferred to us SCHAEFFLER at the time such copies they are created. Supplier hereby agrees with us SCHAEFFLER that the Supplier stores the it will store copies on behalf of our company SCHAEFFLER as baileea co-modeficiary. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were have been made available to the Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our at SCHAEFFLER’S request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount equivalent of Euro 25,000 € 25,000.00 current at the time of the violation and shall become due and payable immediately for each breach. The Supplier Such compensation shall retain not replace possible compensation for damages and the right to have payment of interest in the contractual penalty determined by a court decision. Damages event of default, nor shall be set off against any paid contractual penaltiesit relieve the supplier of its obligation.

Appears in 1 contract

Samples: General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssubcontractors) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: Vendor and Supplier Contracts

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 THB 950,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: Supply Agreement

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssubcontractors) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality confi- dentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information in- formation confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties Parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier The Sup- plier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier Sup- plier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to the Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: Vendor and Supplier Contracts

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vicesdevices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Supplierssub‐Suppliers) without our written consent and (iii) may not use such Information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure disclo‐ sure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Information. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company compa‐ ny as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 25.000 (twenty five thousand) shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: General Terms and Conditions

Confidentiality Information. 1. The Supplier (i) shall keep secret all information, including without limitation drawings, documents, know how, samples, production de- vices, models, media (collectively, the “Information”), (ii) may not make such Information available to third parties (including sub-Suppliers) without our written consent and (iii) may not use such Information information for purposes other than as determined by us. These obligations apply mutatis mutandis to copies and duplicates. This confidentiality obligation does not apply to information (i) that the Supplier had already obtained legitimately at the time of disclosure provided such information was not subject to a confidentiality obligation, (ii) that the Supplier later obtains legitimately without being obligated to keep such information confidential, (iii) that is or becomes generally known without any breach of contract by one of the parties or (iv) for the disclosure or the independent use of which the Supplier has received permission. The Supplier may not advertise its business relationship to us without our prior written consent. 2. We retain title and reserve all other rights (such as copyright) to the Informationinformation. Copies may be made only with our prior written consent. Title to the copies passes to us at the time such copies are created. Supplier hereby agrees with us that the Supplier stores the copies on behalf of our company as bailee. The Supplier agrees to properly store at its expense all documents and other objects, including copies thereof, that were made available to Supplier, to keep them in perfect condition, to obtain insurance for them and to return them to us or destroy them, in each case upon our request. The Supplier has no right, on whatever grounds, to retain such objects. The Supplier shall confirm the complete return or destruction of the relevant object in writing. 3. If the Supplier breaches its obligations set forth in VII. 1., a contractual penalty in the amount of Euro 25,000 shall become due and payable immediately for each breach. The Supplier shall retain the right to have the contractual penalty determined by a court decision. Damages shall be set off against any paid contractual penalties.

Appears in 1 contract

Samples: General Terms and Conditions

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