Common use of Contractor Confidential Information and Contractor Developments Clause in Contracts

Contractor Confidential Information and Contractor Developments. (a) The Contractor shall own all Contractor Developments. (b) The Contractor shall, subject to Article 16.4(d), disclose to the Ministry all Contractor Developments as soon as practicable after they are made and hereby grants an irrevocable, royalty-free licence to the Ministry to use the Contractor Developments for the purpose of conducting the Petroleum Operations under this Contract. (c) At the request of the Ministry, the Contractor shall discuss in good faith the grant of a licence to the Ministry to use the Contractor Developments for any purpose whatsoever within Timor-Leste, such use to be negotiated on a competitive and fair market basis. (d) The Ministry agrees to maintain as confidential and not to disclose to any third party the Contractor Confidential Information or the Contractor Developments other than as required by the Applicable Law or for the purpose of the resolution of disputes under this Contract. (e) The confidentiality obligations set out in Article 16.4(d) shall not apply to any information or part thereof which: (i) Is or becomes part of, the public domain otherwise than by breach of this Contract; (ii) Is lawfully obtained by the Ministry from another person without any restrictions as to use and disclosure; or (iii) Was in the Ministry’s possession prior to disclosure to it by the Contractor, or (iv) The Ministry serves notice on the Contractor requiring it to show cause, within the time specified in the notice, as to why that Contractor Confidential Information should still be subject to the confidentiality obligations in paragraph 16.4(d) and the Contractors or any of them do not show cause within that time.

Contractor Confidential Information and Contractor Developments. (a) The Contractor shall own all Contractor Developments. (b) The Contractor shall, subject to Article paragraph 16.4(d)) below, disclose to the Ministry all Contractor Developments as soon as practicable after they are made and hereby grants an irrevocable, royalty-free licence to the Ministry to use the Contractor Developments for the purpose of conducting the Petroleum Operations under this Contract. (c) At the request of the Ministry, the Contractor shall discuss in good faith the grant of a licence to the Ministry to use the Contractor Developments for any purpose whatsoever within Timor-Leste, such use to be negotiated on a competitive and fair market basis. (d) The Ministry agrees to maintain as confidential and not to disclose to any third party the Contractor Confidential Information or the Contractor Developments other than as required by the Applicable Law or for the purpose of the resolution of disputes under this Contract. (e) The confidentiality obligations set out in Article paragraph 16.4(d) above shall not apply to any information or part thereof which: (i) Is is or becomes part of, the public domain otherwise than by breach of this Contract; (ii) Is is lawfully obtained by the Ministry from another person without any restrictions restriction as to use and disclosure; or (iii) Was was in the Ministry’s possession prior to disclosure to it by the Contractor, or (iv) The the Ministry serves notice on the Contractor requiring it to show cause, within the time specified in the notice, as to why that Contractor Confidential Information should still be subject to the confidentiality obligations in paragraph 16.4(d) and the Contractors or any of them do not show cause within that time.