Common use of Confidentiality of Company Information Clause in Contracts

Confidentiality of Company Information. Prior to the start of the graduation project, the company should arrange with the student on how to differentiate between public information, Confidential Company Information and Secret Company Information having noticed by the student during his/her presence at the company as well as how to deal with this information in the communication with TU Delft and third parties. Ifthe foregoing does apply, these conditions will be included in the graduation agreement between the company and the student. The student may share the Confidential Company Information with TU Delft. In case the thesis supervisor and the examination board of TU Delft are of the opinion that the graduation thesis cannot be evaluated properly due to the lack of Secret Company Information, TU Delft and company shall enter into discussion on how to reach a reasonably and fairly solution within a reasonable timeframe. The company is not allowed to impose fines on the student for any breach of the confidentiality obligations, but in case of such breach the company may claim compensation of damages from the student to be determined by a Dutch court. Parties shall keep the Confidential Company Information and the Confidential Information received from each other, although via the student or not, confidential for 5 years following the termination date of the graduation project if such information is marked, in writing, as confidential; if it is evident due to the nature of the information that it is confidential; or if it is reasonably evident that such information should be considered as confidential. Parties may not publish Confidential Company Information or Confidential Information received without having obtained prior written consent from the disclosing party. This obligation of confidentiality does not apply to information that was already in public, or when the party concerned can proof that the Confidential Company Information or Confidential Information was already known before the information was disclosed, or when the party concerned can proof that the information was acquired from a third party and this party was not bound by confidentiality of the Confidential Company Information or the Confidential Information.