Common use of DISCLOSURE AND PROTECTION OF CONFIDENTIAL INFORMATION Clause in Contracts

DISCLOSURE AND PROTECTION OF CONFIDENTIAL INFORMATION. The Parties agree that all information furnished by Distributor or Falken to Dealer or by Dealer to Distributor or Falken hereunder, in whatever form, except promotional and advertising material, is “Confidential Information.” The receiving entity (the "Receiving Entity") agrees that it will use all Confidential Information disclosed to it by another entity (the "Disclosing Entity") only in furtherance of its performance under this Agreement, and for no other purpose, disclosing Confidential Information only to those of its employees or other authorized agents (who shall have agreed in writing to be bound by reasonable confidentiality obligations) as will be directly concerned with performance under this Agreement. Except as provided above, the Receiving Entity agrees that during the term of this Agreement (including any renewals or extensions hereof) and for a period of ten years after the termination or expiration hereof, it will not disclose Confidential Information of the other to any other person or entity without the express, prior written consent of the Disclosing Entity. Each Party agrees that it will protect the confidentiality of the Confidential Information with the same degree of care with which it protects its own confidential information. The foregoing confidentiality obligations shall survive termination of this Agreement and shall remain binding on the Parties and their respective affiliates, successors and assigns until a written release of such restrictions is executed by the other. All Confidential Information furnished to a Party hereunder (including all copies thereof) is and shall remain the property of the Disclosing Entity, and shall be returned or otherwise disposed of as instructed by the Disclosing Entity promptly upon demand or upon the termination or expiration of this Agreement.