Common use of Excluded Confidential Information Clause in Contracts

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 11.1. is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 11.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 11.3. is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 11.4. is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 11.5. is disclosed to a third party Third Party pursuant to the prior written authorisation authorization and Ltd limited to the extent of such approval of the Disclosing Party; 8.6 11.6. is received from a third party Third Party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. 9.1 The obligations of the Receiving Party receiving party pursuant to the provisions of this Agreement agreement shall not apply to any Confidential Information confidential information that: 8.1 9.1.1 is known to, or in the possession of the Receiving Party receiving party prior to disclosure thereof by the Disclosing Partydisclosing party; 8.2 9.1.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement agreement by the Receiving Partyreceiving party; 8.3 9.1.3 is developed independently of the Disclosing Party disclosing party by the Receiving Party receiving party in circumstances that do not amount to a breach of the provisions of this Agreementagreement; 8.4 9.1.4 is disclosed by the Receiving Party receiving party after being requested or required to satisfy an order of a court of competent jurisdiction or to comply with the provisions disclose such information in terms of any law or regulation in force from time to timeregulations or by any judicial, governmental, supervisory or regulatory body, court of law or legal process; provided that in these circumstances, the Receiving Party receiving party shall advise the Disclosing Party to enable the Disclosing Party disclosing party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party receiving party will disclose only that portion of the Confidential Information information which it is legally required to disclose and the Receiving Party receiving party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 9.1.5 is disclosed to a third another party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Partydisclosing party; 8.6 9.1.6 is received from a third another party in the circumstances that do not result in a breach of the provisions provision of this Agreementagreement. 9.2 The onus of proving that one or more of the exclusions listed above applies in relation to any confidential information shall rest with the receiving party .

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.. Non-Disclosure Agreement (NDA) Vendors Template Identifier 240-43921804 Rev 6 Document Identifier 240-63152171 Rev 4 Effective Date 01 January 2017 Review Date January 2020

Excluded Confidential Information. 9.1 The obligations of the Receiving Party receiving party pursuant to the provisions of this Agreement agreement shall not apply to any Confidential Information confidential information that: 8.1 9.1.1 is known to, or in the possession of the Receiving Party receiving party prior to disclosure thereof by the Disclosing Partydisclosing party; 8.2 9.1.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement agreement by the Receiving Partyreceiving party; 8.3 9.1.3 is developed independently of the Disclosing Party disclosing party by the Receiving Party receiving party in circumstances that do not amount to a breach of the provisions of this Agreementagreement; 8.4 9.1.4 is disclosed by the Receiving Party receiving party after being requested or required to satisfy an order of a court of competent jurisdiction or to comply with the provisions disclose such information in terms of any law or regulation in force from time to timeregulations or by any judicial, governmental, supervisory or regulatory body, court of law or legal process; provided that in these circumstances, the Receiving Party receiving party shall advise the Disclosing Party to enable the Disclosing Party disclosing party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party receiving party will disclose only that portion of the Confidential Information information which it is legally required to disclose and the Receiving Party receiving party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 9.1.5 is disclosed to a third another party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Partydisclosing party; 8.6 9.1.6 is received from a third another party in the circumstances that do not result in a breach of the provisions provision of this Agreementagreement. 9.2 The onus of proving that one or more of the exclusions listed above applies in relation to any confidential information shall rest with the receiving party.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information confidential information that:: - 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third third-party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 is received from a third third-party in circumstances that do not result in a breach of the provisions of this Agreement; 8.7 is not marked as confidential by the Disclosing Party.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of of, the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time, inclusive but not limited to a request for information in terms of the Promotion of Access to Information Act No 2 of 2002; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd limited to the extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.. Non-Disclosure Agreement (NDA) Vendors Template Identifier 240-43921804 Rev 6 Document Identifier 240-63152171 Rev 4 Effective Date 01 January 2017 Review Date January 2020 Project Title SPU METER READING – KZN OU VARIOUS AREAS

Excluded Confidential Information. 8.1 The obligations of the Receiving Party pursuant to the provisions of this Agreement agreement shall not apply to any Confidential Information that: 8.1 8.1.1 is known to, or in the possession of the Receiving Party prior to the disclosure thereof by the Disclosing Party; 8.2 8.1.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement agreement by the Receiving Party; 8.3 8.1.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreementagreement; 8.4 8.1.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 8.1.5 is disclosed to a third party Third Party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 8.1.6 is received from a third party Third Party in circumstances that do not result in a breach of the provisions of this Agreementagreement.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party;; Non-Disclosure Agreement (NDA) Vendors Template Identifier 240-63152171 Rev 4 Document Identifier N/A Rev N/A Effective Date 01 January 2017 Review Date February 2023 Project Title The provision of Diesel Fire Pump installation project (Mechanical Scope) at Camden Power Station, for an estimated period of 10 Months. 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. 10.1. The obligations of the Receiving Party pursuant to the provisions of this Agreement agreement shall not apply to any Confidential Information that: 8.1 10.1.1. is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 10.1.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement agreement by the Receiving PartyParty or after disclosure to the Receiving Party becomes part of the public domain lawfully and without breach of any confidentiality obligations; 8.3 10.1.3. is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreementagreement; 8.4 10.1.4. is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation regulation, or governing body code of which it is a member in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 10.1.5. is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party; 8.6 10.1.6. is received from a third party in circumstances that do not result in a breach of the provisions of this Agreementagreement.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd Limited to the extent of such approval of the Disclosing Party; 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. The obligations of the Receiving Party Recipient pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 13.1. is known to, or in the possession of the Receiving Party Recipient prior to disclosure thereof by the Disclosing PartyDisclosor; 8.2 13.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving PartyRecipient; 8.3 13.3. is developed independently of the Disclosing Party Disclosor by the Receiving Party Recipient in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 13.4. is disclosed by the Receiving Party Recipient to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party Recipient shall advise the Disclosing Party to enable the Disclosing Party Disclosor to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party Recipient will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party Recipient will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 13.5. is disclosed to a third party Third Party pursuant to the prior written authorisation authorization and Ltd limited to the extent of such approval of the Disclosing PartyDisclosor; 8.6 13.6. is received from a third party Third Party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is developed independently of the Disclosing Party by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information to the greatest extent possible in the circumstances; 8.5 is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval of the Disclosing Party;; Non-Disclosure Agreement (NDA) Vendors Template Identifier 240-63152171 Rev 4 Document Identifier N/A Rev N/A Effective Date 01 January 2017 Review Date February 2023 Project Title The provision of demin pump upgrade project for C&I installation of fieldwork and cabling scope at Camden Power Station for an estimated period of 5 month. 8.6 is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement.

Excluded Confidential Information. 10.1. The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that: 8.1 10.1.1. is known to, or in the possession of the Receiving Party prior to disclosure thereof by the Disclosing Party; 8.2 10.1.2. is or becomes publicly known, otherwise than as a result of a breach of this Agreement by the Receiving Party; 8.3 is 10.1.3. was, prior to this Agreement, developed independently of the Disclosing Party and/or the Confidential Information, by the Receiving Party in circumstances that do not amount to a breach of the provisions of this Agreement; 8.4 10.1.4. is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction jurisdiction, or to comply with the provisions of any law or regulation in force from time to time, or to pursue, defend or prosecute a claim or charge; provided that in these circumstancescircumstances where Confidential Information is shared due to a legal requirement, the Receiving Party shall advise the Disclosing Party of such requirement to disclose (where legally possible), to enable the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that regard. In addition the Receiving Party will disclose only that portion of the Confidential Information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such Confidential Information information to the greatest extent possible in the circumstances; 8.5 10.1.5. is disclosed to a third party pursuant to the prior written authorisation and Ltd to the extent of such approval authorization of the Disclosing Party; 8.6 10.1.6. is received from a third party in circumstances that do not result in a breach of the provisions of this Agreement. 10.2. The obligation is on the Party relying on the exclusions contained in this clause 10, to establish that the exclusions apply to its disclosure, and the bears the onus of proof in this regard.