Common use of Confidentiality of Information and Data Clause in Contracts

Confidentiality of Information and Data. 22 .1.1 Each Party agrees that all information and data of a technical, geological or commercial nature, acquired or obtained from and/or related to Petroleum Operations on or after the Effective Date and not (i) in the public domain; (ii) already known to each Party or its respective Affiliates as of the Effective Date; (iii) acquired independently from a third party who has the right to disseminate such information at the time it is acquired by either Party or an Affiliate of such Party; (iv) developed by a Party or is respective Affiliates wholly independently of the information and data received from a disclosing party; or (v) otherwise legally in the possession of such Party without restriction on disclosure, shall be considered and kept confidential (subject to Contractor’s right to use and to trade such data and information in accordance with this Article 22), and shall not be disclosed, sold, offered to any third party or published, except: (a) to employees, officers and directors of each Party, and to an Affiliate of each Party and its respective employees, officers and directors, provided such Affiliate maintains confidentiality as provided in this Contract; (b) to any Government Authority when required by this Contract; (c) to the extent such data and information are required to be furnished in compliance with Applicable Laws, or pursuant to any legal proceedings or because of any order of any court binding upon a Party or its Affiliates; (d) subject to Sub-article 22.1.3, to potential Sub-Contractors, consultants and attorneys contracted by any Party where disclosure of such data or information is essential to such Sub-Contractor’s, consultant’s or attorney’s work; (e) subject to Sub-article 23.1.3, to a bona fide prospective transferee of all or a portion of a Party’s participating interest (including an entity with whom a Party is conducting bona fide negotiations directed toward a merger, consolidation or the sale of a majority of its or an Affiliate’s shares); (f) subject to Sub-article 22.1.3, to a bank or other financial institution or entity to the extent appropriate to a Party’s arranging for funding or proposing to fund for its obligations under this Contract, including any consultant retained by such bank, financing institution or entity; (g) to the extent such data and information must be disclosed pursuant to any laws, rules, orders, decrees or requirements of any government or stock exchange having jurisdiction over such Party or its Affiliates; (h) where any data or information which, through no fault of a Party, becomes a part of the public domain; (i) to the arbitrators, in accordance with Article 41; or (j) to the extent such data and information are required to be furnished in connection with any unitization of all or part of the Contract Area.

Confidentiality of Information and Data. 22 23 .1.1 Each Party agrees that all information and data of a technical, geological or commercial nature, acquired or obtained from and/or related to Petroleum Operations on or after the Effective Date and not (i) in the public domain; (ii) already known to each Party or its respective Affiliates as of the Effective Date; (iii) acquired independently from a third party who has the right to disseminate such information at the time it is acquired by either Party or an Affiliate of such Party; (iv) developed by a Party or is its respective Affiliates wholly independently of the information and data received from a disclosing party; or (v) otherwise legally in the possession of such Party or its respective Affiliates without restriction on disclosure, shall be considered and kept confidential (the “Confidential Information”) (subject to Contractor’s 's right to use and to trade such data and information in accordance with this Article 2223), and shall not be disclosed, sold, offered to any third party or published, except: (a) to employees, officers and directors of each Party, and to an Affiliate of each Party and its respective employees, officers and directors, provided such Affiliate maintains confidentiality as provided in this Contract; (b) to any Government Authority when required by this Contract; (c) to the extent such data and information are Confidential Information is required to be furnished in compliance with Applicable Laws, or pursuant to any legal proceedings or because of any order of any court binding upon a Party or its Affiliates; (d) subject to Sub-article 22.1.3Article 23.1.3, to potential Sub-Contractors, consultants and attorneys contracted by any Party where disclosure of such data or information Confidential Information is essential to such Sub-Contractor’s's, consultant’s 's or attorney’s 's work; (e) subject to Sub-article 23.1.3Article 23.1. 3, to a bona fide prospective transferee of all or a portion of a Party’s 's participating interest (including an entity with whom a Party is conducting bona fide negotiations directed toward a merger, consolidation or the sale of a majority of its or an Affiliate’s 's shares); (f) subject to Sub-article 22.1.3Article 23.1.3, to a bank or other financial institution or entity to the extent appropriate to a Party’s arranging for funding or proposing to fund for its obligations under this Contract, including any consultant retained by such bank, financing institution or entity; (g) to the extent such data and information Confidential Information must be disclosed pursuant to any laws, rules, orders, decrees or requirements of any government or stock exchange having jurisdiction over such Party or its Affiliates; (h) where any data or information Confidential Information which, through no fault of a Party, becomes a part of the public domain; (i) to the a mediator, in accordance with Article 21.6, or experts and arbitrators, in accordance with Article 4142; or (j) to the extent such data and information are Confidential Information is required to be furnished in connection with any unitization of all or part of the Contract Area.