Common use of Documents, Confidentiality Clause in Contracts

Documents, Confidentiality. 18.1 The Contractor must provide to the Principal the agreed quantity of any plans, calculations or other documents in order not to exceed the contractual deadline for execution. 18.2 The review of any documents by the Principal shall not relieve the Contractor of any of its responsibilities under the contract. 18.3 Any models, samples, drawings, data, materials and other documents provided to the Contractor by the Principal (hereinafter “Principal Documentation”) shall remain the property of the Principal and must be returned to the Principal forthwith upon its request at any point in time. The Contractor shall have no rights to retain any Principal Documentation. The Contractor must observe the proprietary rights of the Principal in and to all Principal Documentation. 18.4 Subject to regulatory, statutory, and/or judicial disclosure obligations the Contractor is obliged to keep confidential all technical, scientific, commercial and other information obtained either directly or indirectly within the scope of the contract, in particular the information given in Principal Documentation, Work Results and Individual Work Results (hereinafter “Confidential Information”). The Contractor may not exploit Confidential Information for commercial purposes, make it the object of industrial property rights, pass it on or make it accessible to third parties in any way. The Contractor will make this Confidential Information available only to those employees who absolutely need the Confidential Information to accomplish the purposes of the contract and who are contractually or otherwise obligated to keep it confidential in a way no less strict than the terms of this section and also during the time after having left the company of the Contractor. 18.5 In case the contract is terminated, for whatever legal reason, the Contractor shall return immediately to the Principal all Confidential Information, including all copies made thereof as well as any records that reflect the contents of the Confidential Information. If, insofar and only for so long as required by law or applicable mandatory professional regulations, Contractor is entitled to keep one set of copies of Confidential Information, provided that Contractor undertakes all necessary measures to keep such copy confidential. Upon the expiry of such a requirement, Contractor shall return such documents automatically to Principal. 18.6 Any obligations to preserve the confidentiality of commercially sensitive information pursuant to the Energy 18.7 In case the Contractor, in the course of the performance of the respective contract, receives from the Principal or otherwise obtains personal data related to employees of Principal (hereinafter referred to as “Personal Data”) the following provisions shall apply.

Documents, Confidentiality. 18.1 The Contractor must provide to the Principal Company the agreed quantity of any plans, calculations or other documents in order not to exceed the contractual deadline for execution. 18.2 The review of any documents by the Principal Company shall not relieve the Contractor of any of its responsibilities under the contract. 18.3 Any models, samples, drawings, data, materials and other documents provided to the Contractor by the Principal Company (hereinafter “Principal Company Documentation”) shall remain the property of the Principal Company and must be returned to the Principal Company forthwith upon its request at any point in time. The Contractor shall have no rights to retain any Principal Company Documentation. The Contractor must observe the proprietary rights of the Principal Company in and to all Principal Company Documentation. 18.4 Subject to regulatory, statutory, and/or judicial disclosure obligations the Contractor is obliged to keep confidential all technical, scientific, commercial and other information obtained either directly or indirectly within the scope of the contract, in particular the information given in Principal Company Documentation, Work Results and Individual Work Results (hereinafter “Confidential Information”). The Contractor may not exploit Confidential Information for commercial purposes, make it the object of industrial property rights, pass it on or make it accessible to third parties in any way. The Contractor will make this Confidential Information available only to those employees who absolutely need the Confidential Information to accomplish the purposes of the contract and who are contractually or otherwise obligated to keep it confidential in a way no less strict than the terms of this section and also during the time after having left the company of the Contractor. 18.5 Contractor shall have the right to store, use and disclose to third parties information received from or Confidential Information of Company for statistical, analytical and benchmarking purposes in connection with Contractor’s services, provided that 18.6 In case the contract is terminated, for whatever legal reason, the Contractor shall return immediately to the Principal Company all Confidential Information, including all copies made thereof as well as any records that reflect the contents of the Confidential Information. If, insofar and only for so long as required by law or applicable mandatory professional regulations, Contractor is entitled to keep one set of copies of Confidential Information, provided that Contractor undertakes all necessary measures to keep such copy confidential. Upon the expiry of such a requirement, Contractor shall return such documents automatically to PrincipalCompany. 18.6 18.7 Any obligations to preserve the confidentiality of commercially sensitive information pursuant to the EnergyEnergy Industry Act and the duty to disclose non-discriminating information that may be commercially advantageous pursuant to the Energy Industry Act shall not be affected by the aforementioned requirements. 18.7 18.8 In case the Contractor, in the course of the performance of the respective contract, receives from the Principal Company or otherwise obtains personal data related to employees of Principal (hereinafter referred to as “Personal Data”) the following provisions shall apply.

Documents, Confidentiality. 18.1 The Contractor must provide to the Principal Company the agreed quantity of any plans, calculations or other documents in order not to exceed the contractual deadline for execution. 18.2 The review of any documents by the Principal Company shall not relieve the Contractor of any of its responsibilities under the contract. 18.3 Any models, samples, drawings, data, materials and other documents provided to the Contractor by the Principal Company (hereinafter “Principal Company Documentation”) shall remain the property of the Principal Company and must be returned to the Principal Company forthwith upon its request at any point in time. The Contractor shall have no rights to retain any Principal Company Documentation. The Contractor must observe the proprietary rights of the Principal Company in and to all Principal Company Documentation. 18.4 Subject to regulatory, statutory, and/or judicial disclosure obligations the Contractor is obliged to keep confidential all technical, scientific, commercial and other information obtained either directly or indirectly within the scope of the contract, in particular the information given in Principal Company Documentation, Work Results and Individual Work Results (hereinafter “Confidential Information”). The Contractor may not exploit Confidential Information for commercial purposes, make it the object of industrial property rights, pass it on or make it accessible to third parties in any way. The Contractor will make this Confidential Information available only to those employees who absolutely need the Confidential Information to accomplish the purposes of the contract and who are contractually or otherwise obligated to keep it confidential in a way no less strict than the terms of this section and also during the time after having left the company of the Contractor. 18.5 Contractor shall have the right to store, use and disclose to third parties information received from or Confidential Information of Company for statistical, analytical and benchmarking purposes in connection with Contractor’s services, provided that such information or Confidential Information when used as outlined herein: (i) is only in the form of aggregated data that includes similar information from other sources and customers of Contractor; and (ii) is anonymized in a way that any third party is unable to identify Company or Company's Confidential Information. In the event Company's information or Confidential Information is pooled with data and / or information from other customers of Contractor to create reference groups for the 18.6 In case the contract is terminated, for whatever legal reason, the Contractor shall return immediately to the Principal Company all Confidential Information, including all copies made thereof as well as any records that reflect the contents of the Confidential Information. If, insofar and only for so long as required by law or applicable mandatory professional regulations, Contractor is entitled to keep one set of copies of Confidential Information, provided that Contractor undertakes all necessary measures to keep such copy confidential. Upon the expiry of such a requirement, Contractor shall return such documents automatically to PrincipalCompany. 18.6 18.7 Any obligations to preserve the confidentiality of commercially sensitive information pursuant to the EnergyEnergy Industry Act and the duty to disclose non-discriminating information that may be commercially advantageous pursuant to the Energy Industry Act shall not be affected by the aforementioned requirements. 18.7 18.8 In case the Contractor, in the course of the performance of the respective contract, receives from the Principal Company or otherwise obtains personal data related to employees of Principal (hereinafter referred to as “Personal Data”) the following provisions shall apply.

Documents, Confidentiality. 18.1 The Contractor must provide submit to the Principal Company the agreed quantity of any plans, calculations or other documents in order not to exceed the contractual deadline for execution. 18.2 The review of any documents by the Principal Company shall not relieve the Contractor of any of its responsibilities under the contract. 18.3 Any models, samples, drawings, data, materials and other documents provided to the Contractor by the Principal Company (hereinafter “Principal Company Documentation”) shall remain the property of the Principal Company and must be returned to the Principal Company forthwith upon its request at any point in time. The Contractor shall have no rights to retain any Principal Company Documentation. The Contractor must observe the proprietary rights of the Principal Company in and to all Principal Company Documentation. 18.4 Subject to regulatory, statutory, and/or judicial disclosure obligations the The Contractor is obliged to keep confidential all technical, scientific, commercial and other information obtained either directly or indirectly within the scope of the contract, in particular the information given in Principal DocumentationCompany documentation, Work Results and Individual Work Results (hereinafter “Confidential Information”). The Contractor may not exploit Confidential Information for commercial purposes, make it the object of industrial property rights, pass it on or make it accessible to third parties in any way, or use it for any purpose other than fulfilling the contract. This obligation shall be subject to any disclosure requirements of a legal, judicial or official nature. The Contractor will shall make this Confidential Information available only to those of its representatives, employees and personnel who absolutely need to know Confidential Information within the scope of the Project and who have either by means of their employment contract or by a separate secrecy undertaking accepted to be subject to obligations similar to those set forth in this clause, which shall be, as far as legally possible, effective during as well as after the time of their employment by the Contractor. The provisions set forth in this Section 18.4 apply accordingly if the Contractor involves subcontractors with the Company’s prior written consent. The Contractor shall specifically undertake all required, appropriate precautions and measures to effectively protect the Confidential Information obtained at all times against loss or against unauthorized access. This includes in particular the creation and maintenance of appropriate, required access and entry precautions for facilities, repositories, IT systems, data storage devices and other information storage devices, especially those which contain Confidential Information. This also includes informing and instructing those people who are granted access to accomplish Confidential Information pursuant to this clause. The Contractor is required to promptly notify the purposes Company in writing in the event that Confidential Information is lost and / or accessed by unauthorized parties. This confidentiality obligation shall not include any information that the Contractor lawfully possessed prior to the Company’s disclosure of such information, or is lawfully known to the public, or has been lawfully obtained from a third party. Also excluded from this confidentiality obligation shall be information that is disclosed to persons subject to a legal obligation to confidentiality, whereas the Contractor shall not release such a person from his / her obligation to confidentiality. The burden of proof for such an exception lies with the Contractor. The confidentiality obligation set forth in this Section 18.4 shall continue to apply for a period of ten (10) years after the contract has ended. 18.5 Contractor shall have the right to store, use and who are contractually disclose to third parties information received from or otherwise obligated to keep it confidential Confidential Information of Company for statistical, analytical and benchmarking purposes in connection with Contractor’s services, provided that such information or Confidential Information when used as outlined herein: (i) is only in the form of aggregated data that includes similar information from other sources and customers of Contractor; and (ii) is anonymized in a way no less strict than that any third party is unable to identify Company or Company's Confidential Information. In the terms event Company's information or Confidential Information is pooled with data and / or information from other customers of this section and also during Contractor to create reference groups for the time after having left the company purpose of the Contractorbenchmarking, Company shall not be identified as a member of such reference group. 18.5 18.6 In case the contract is terminated, for whatever legal reason, the Contractor shall return immediately to the Principal Company all Confidential Information, including all copies made thereof as well as any records that reflect the contents of the Confidential Information. If, insofar and only for so long as required by law or applicable mandatory professional regulations, Contractor is entitled to keep one set of copies of Confidential Information, provided that Contractor undertakes all necessary measures to keep such copy confidential. Upon the expiry of such a requirement, Contractor shall return such documents automatically to PrincipalCompany. 18.6 18.7 Any obligations to preserve the confidentiality of commercially sensitive information pursuant to the Energy 18.7 In case Energy Industry Act and the Contractor, in duty to disclose non-discriminating information that may be commercially advantageous pursuant to the course of Energy Industry Act shall not be affected by the performance of the respective contract, receives from the Principal or otherwise obtains personal data related to employees of Principal (hereinafter referred to as “Personal Data”) the following provisions shall applyaforementioned requirements.