Common use of Data and Confidentiality Clause in Contracts

Data and Confidentiality. All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person or entity for the design or manufacture of any products, articles, compositions of matter, or processes or otherwise to compete with Seller in any way, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any repairs, modifications, designs or configuration changes to or related to the Aircraft, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in part of any Data, any existing notice or legend, including notices and legends identifying the confidential or proprietary nature of such Data, shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the overhaul or maintenance by Purchaser of the Aircraft for its own use; except that all repairs or repair processes that require substantiation will be the subject of a separate license and substantiated repair agreement between Seller and Purchaser. Purchaser shall be responsible for, and take all steps necessary to insure, compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft purchased hereunder or to use Data to develop any repair for the Aircraft or give to Purchaser a license under any patents or rights owned or controlled by Purchaser. The content of this Agreement is confidential and neither party shall publicize the existence or content of this Agreement without the prior written consent of the other party, except (i) to the extent required by law or to enforce this Agreement; or (ii) to the extent necessary for disclosure to both parties’ respective insurers, accountants, legal counsel or other professional advisors, for whom each party hereto shall be responsible to take all steps necessary to insure compliance by those persons with this Clause.

Data and Confidentiality. 14.7.1 All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person or entity for the design or manufacture of any products, articles, compositions of matter, or processes or otherwise to compete with Seller in any way, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any repairs, modifications, designs or configuration changes to or related to the Aircraft, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in part of any Data, any existing notice or legend, including notices and legends identifying the confidential or proprietary nature of such Data, shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the overhaul or maintenance by Purchaser of the Aircraft for its own use; except that all repairs or repair processes that require substantiation will be the subject of a separate license and substantiated repair agreement between Seller and Purchaser. Purchaser shall be responsible for, and take all steps necessary to insure, compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft purchased hereunder or to use Data to develop any repair for the Aircraft or give to Purchaser a license under any patents or rights owned or controlled by Purchaser. The content of this Agreement is confidential and neither party shall publicize the existence or content of this Agreement without the prior written consent of the other party, except (i) to the extent required by law or to enforce this Agreement; or (ii) to the extent necessary for disclosure to both parties’ respective insurers, accountants, legal counsel or other professional advisors, for whom each party hereto shall be responsible to take all steps necessary to insure compliance by those persons with this Clause.