Non-Disclosure of Information. 12.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 12.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. 12.3 The Recipients shall be responsible for the fulfillment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 12.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order. 12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse. 12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information. 12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 2 contracts
Samples: Partnership Agreement, Partnership Agreement
Non-Disclosure of Information. 12.1 a) All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidentialCONFIDENTIAL”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure fifteen (15) Days at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 b) The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractEC-GA, for a period of 3 five (5) years after the end termination or the expiry of the Project: - • not to use Confidential Information otherwise than for the purpose for which it was disclosed; - • not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - • to ensure that internal distribution of Confidential Information by a Recipient shall take takes place on a strict need-to-know basis; and - • to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 c) The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 . The above shall not apply for disclosure or use of Confidential Informationto information, if and in so far as the Recipient can show thatprove that said information: - the Confidential Information becomes • has become publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information or • is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - or • the disclosure or communication of the Confidential Information which is foreseen by provisions of the Project ContractEC-GA; - the Confidential Information, at any time, was or • is developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information • was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative orderdisclosure.
12.5 d) The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 e) Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse by any person of Confidential Information as soon as practicable after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 f) If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure • notify the Disclosing Party, and • and comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 g) However, disclosures due to national laws, national regulations or national court order can never constitute a breach of this Agreement. A Party is not liable for such disclosure.
h) The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract EC-GA shall not prevent the communication of Confidential Information to the Programme OperatorCommission.
Appears in 1 contract
Non-Disclosure of Information. 12.1 8.1 All information in whatever form or mode of transmission, which is disclosed by a Party party (the “Disclosing Party”) to any other Party party (the “RecipientReceiving Party”) in connection with the Program or a Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The information which is not identified as confidential shall nevertheless be treated as Confidential Information by the Receiving Party, if it knows or should reasonably be expected to know about the secret and confidential nature of such information.
12.2 8.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 Receiving Party shall up until five (5) years after the end of the Project: - Program:
(a) not to use the Confidential Information otherwise than for the purpose for which it was disclosed; -
(b) not to disclose the Confidential Information to any third party without the prior written consent by of the Disclosing Party; - to ensure that internal distribution of
8.3 The Receiving Party shall internally distribute Confidential Information by a Recipient shall take place on a strict need-to-know basis; basis and - to return apply the same degree of care with regard to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored as with its own confidential information, but in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes onlyno case less than reasonable care.
12.3 8.4 The Recipients Receiving Party shall be responsible for have its employees, collaborators, advisors and consultants comply with the fulfillment of the above obligations on the part of their employees confidentiality provisions hereof and shall ensure that their employees remain so obligedthey continue to do, as far as legally possible, during and after the end of the Project and/or after employment or the termination of employmentagreement with the advisor or consultant.
12.4 8.5 The above foregoing obligations of this Article 8 shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient Receiving Party can show that: - :
(a) the Confidential Information becomes publicly available by means became public other than through a breach of the RecipientReceiving Party’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that
(b) the Confidential Information is no longer confidential; - received by the Confidential Information is communicated to the Recipient Receiving Party without any obligation of confidence by from a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; -
(c) the Confidential Information was already known to the Receiving Party prior to disclosure;
(d) the Confidential Information was developed by the Receiving Party completely independently of any such disclosure by the Disclosing Party
(e) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by Grant Agreement or FIO Agreements
(f) the Disclosing Party; or - Party informs the Receiving Party that the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with no longer confidential
8.6 If a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 If any Receiving Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
(a) notify the Disclosing Party, and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information
8.7 A Receiving Party shall promptly advise the Disclosing Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse.
12.8 8.8 A Receiving Party shall return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Receiving Party including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Receiving Party may however request to keep a copy for archival purposes only.
8.9 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme OperatorSIM, if needed.
Appears in 1 contract
Samples: Framework Agreement
Non-Disclosure of Information. 12.1 8.1 All information in whatever form or mode of transmission, which is disclosed by a Party party (the “Disclosing Party”) to any other Party party (the “RecipientReceiving Party”) in connection with the Program or a Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The information which is not identified as confidential shall nevertheless be treated as Confidential Information by the Receiving Party, if it knows or should reasonably be expected to know about the secret and confidential nature of such information.
12.2 8.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 Receiving Party shall up until five (5) years after the end of the Project: - Program:
(a) not to use the Confidential Information otherwise than for the purpose for which it was disclosed; -
(b) not to disclose the Confidential Information to any third party without the prior written consent by of the Disclosing Party; - to ensure that internal distribution of
8.3 The Receiving Party shall internally distribute Confidential Information by a Recipient shall take place on a strict need-to-know basis; basis and - to return apply the same degree of care with regard to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored as with its own confidential information, but in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes onlyno case less than reasonable care.
12.3 8.4 The Recipients Receiving Party shall be responsible for have its employees, collaborators, advisors and consultants comply with the fulfillment of the above obligations on the part of their employees confidentiality provisions hereof and shall ensure that their employees remain so obligedthey continue to do, as far as legally possible, during and after the end of the Project and/or after employment or the termination of employmentagreement with the advisor or consultant.
12.4 8.5 The above foregoing obligations of this Article 8 shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient Receiving Party can show that: - :
(a) the Confidential Information becomes publicly available by means became public other than through a breach of the RecipientReceiving Party’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that
(b) the Confidential Information is no longer confidential; - received by the Confidential Information is communicated to the Recipient Receiving Party without any obligation of confidence by from a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; -
(c) the Confidential Information was already known to the Receiving Party prior to disclosure;
(d) the Confidential Information was developed by the Receiving Party completely independently of any such disclosure by the Disclosing Party
(e) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by FIO Agreements
(f) the Disclosing Party; or - Party informs the Receiving Party that the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with no longer confidential
8.6 If a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 If any Receiving Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
(a) notify the Disclosing Party, and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information
8.7 A Receiving Party shall promptly advise the Disclosing Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse.
12.8 8.8 A Receiving Party shall return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Receiving Party including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Receiving Party may however request to keep a copy for archival purposes only.
8.9 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information by SIM to the Programme OperatorFIO.
Appears in 1 contract
Samples: Framework Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project Action during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 30 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 4 years after the end of the Project: - Action, or after a Party terminates it participation in the GA:
a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; - ;
b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - Party wherein the Recipient must ensure that an arrangement is in place prior to such disclosure that subjects the Affiliated Entities and/or Subcontractors to provisions at least as strict as provided in this Section 10;
c) to apply for the security of Confidential Information at least the same degree of care as it applies for the security of its own Confidential Information (but in any case shall apply not less than reasonable care);
d) to ensure that internal distribution of Confidential Information by a Recipient Recipient, its Affiliated Entities and Subcontractors shall take place on a strict need-to-know basis; and - and
e) to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of ongoing obligations provided that the Recipient comply with the confidentiality obligations herein contained with respect to such copy for as long as the copy is retained.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Action and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project Action and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - :
a) the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - ;
b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - ;
c) the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party Third Party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - ;
d) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - ;
e) the Confidential Information was already known to the Recipient prior to disclosure or - without any obligation of confidence to the Disclosing Party; or
f) the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 The 10.5 Each Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Disclosing Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 11.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 11.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations.
12.3 11.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 11.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 11.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 11.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 11.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 10.3 The Recipients shall be responsible for the fulfillment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Art. 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions - to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme OperatorAgency.
Appears in 1 contract
Samples: Partnership Agreement
Non-Disclosure of Information. 12.1 8.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “RecipientReceiving Party”) in connection with the Program or a Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The information which is not identified as confidential shall nevertheless be treated as Confidential Information by the Receiving Party, if it knows or should reasonably be expected to know about the secret and confidential nature of such information.
12.2 8.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 Receiving Party shall up until five (5) years after the end of the Project: - Program:
(a) not to use the Confidential Information otherwise than for the purpose for which it was disclosed; - and
(b) not to disclose the Confidential Information to any third party without the prior written consent by of the Disclosing Party; - to ensure that internal distribution of .
8.3 The Receiving Party shall internally distribute Confidential Information by a Recipient shall take place on a strict need-to-know basis; basis and - to return apply the same degree of care with regard to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored as with its own confidential information, but in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes onlyno case less than reasonable care.
12.3 8.4 The Recipients Receiving Party shall be responsible for have its employees, collaborators, advisors and consultants comply with the fulfillment of the above obligations on the part of their employees confidentiality provisions hereof and shall ensure that their employees remain so obligedthey continue to do, as far as legally possible, during and after the end of the Project Program and/or after the termination of employmentemployment or the agreement with the advisor or consultant.
12.4 8.5 The above foregoing obligations of this Article 8 shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient Receiving Party can show that: - :
(a) the Confidential Information becomes publicly available by means became public other than through a breach of the RecipientReceiving Party’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that ;
(b) the Confidential Information is no longer confidential; - received by the Confidential Information is communicated to the Recipient Receiving Party without any obligation of confidence by from a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - ;
(c) the Confidential Information was already known to the Receiving Party prior to disclosure;
(d) the Confidential Information was developed by the Receiving Party completely independently of any such disclosure by the Disclosing Party;
(e) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by or
(f) the Disclosing Party; or - Party informs the Receiving Party that the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative orderno longer confidential.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 8.6 If any a Receiving Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
(a) notify the Disclosing Party, and ; and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 8.7 A Receiving Party shall promptly advise the Disclosing Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse.
8.8 A Receiving Party shall return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Receiving Party including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Receiving Party may however request to keep a copy for archival purposes only.
8.9 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information by SIM to the Programme OperatorIWT.
Appears in 1 contract
Samples: Grant Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractEC-GA, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.:
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.:
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract EC-GA shall not prevent the communication of Confidential Information to the Programme OperatorEuropean Commission.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “RecipientReceiving Party”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients Receiving Parties hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 four (4) years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.:
12.3 10.3 The Recipients Receiving Parties shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient Receiving Party can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing :
10.5 The Receiving Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. The Parties shall impose the same obligations on their Affiliates and subcontractors.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract Grant Agreement shall not prevent the communication of Confidential Information to the Programme OperatorFunding Authority, only to the extent necessary in each specific case and if it doesn’t affect the legitimate interest of the Disclosing Party.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All Ali information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “"Disclosing Party”") to any other Party (the “"Recipient”") in connection with the Project during its implementation and which has been explicitly marked as “"confidential”" at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure disclosu re and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “"Confidential Information”.
12.2 lnformation". The Recipients hereby undertake in addition and without prejudice to any commitment of non-on non disclosure under the Project Contractthis Consortium Agreement, for a period of 3 4 years after the end of the ProjectP roject: - not Not to use Confidential Information l nformation otherwise than for the purpose for which it was discloseddisclosed ; - not to disclose Confidential Information lnformation to any third ether thi rd party without the prior written consent by the Disclosing Party; - to ensure that internal interna! distribution of Confidential Information lnformation by a Recipient shall take place on a strict need-to-know basis; and CNRS n°209183 - to return to the Disclosing Party Party, or destroy, on demand all request al l Confidential Information which lnformation that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential lnformation because of compliance with applicable laws and regulations or for archival purposes only.
12.3 the proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with repsect to such copy for as long as the copy is retained. The Recipients recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall shal l ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination term ination of employment.
12.4 the contractual relationship with the employee or third party. The above shall shal l not apply for disclosure or use of Confidential Informationlnformation, if and in so far as the Recipient can show that: - the Confidential Information lnformation has become or becomes publicly available by means other than a breach of the Recipient’s Recipienťs confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information lnformation is no longer confidential; - the Confidential Information lnformation is communicated to the Recipient without any obligation obl igation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Informationlnformation , at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information l nformation was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.or
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 . The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractEC-GA, for a period of 3 five (5) years after the end of the Project: - , but no longer than 10 years from the receiving of the information:
(a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; - ,
(b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - ,
(c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - , and
(d) to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 . The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or and /or after the termination of employment.
12.4 . The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - that :
(a) the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - obligations ;
(b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - confidential ;
(c) the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - Party ;
(d) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - EC-GA ;
(e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing PartyParty ; or - or
(f) the Confidential Information was already known to the Recipient prior to disclosure or - disclosure.
(g) the Recipient Confi dential Information is required to disclose the Confidential Information in order to comply with be disclosed by applicable laws or regulations or with a court or administrative order.
12.5 . The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 . Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse by any person of Confidential Information as soon as practicable after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 . If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure :
(a) notify the Disclosing Party, and and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 . The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract EC -GA shall not prevent the communication of Confidential Information to the Programme OperatorEuropean Commission. The Parties shall impose the same obligations on their Affiliated Entities and subcontractors.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1. All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation implementation, and which has been explicitly marked as “confidential”” or the like, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”, will be treated as such by all Parties.
12.2 10.2. The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractEC-GA, for a period of 3 5 years after the end of the Project: - • not to use Confidential Information otherwise than for the purpose for which it was disclosed; - • not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - • to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - • to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 10.3. The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees employees, Affiliated Entities, Research group(s) and subcontractors and shall ensure that their employees employees, Affiliated Entities, Research group(s) and subcontractors remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe Project.
12.4 10.4. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - • the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - • the Confidential Information was disclosed in order to comply with applicable laws or regulations or with a court or administrative order; • the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - • the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - • the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractEC-GA; - • the Confidential Information, at any time, was developed in good faith by the employees of the Recipient completely independently of any such disclosure by the Disclosing Party; or - • the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative orderdisclosure.
12.5 10.5. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6. Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7. If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 10.8. The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract EC-GA shall not prevent the communication of Confidential Information to the Programme OperatorEuropean Commission.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All 1. Al l information in whatever form or mode of transmission, which is disclosed by a one Party (the “"Disclosing Party”") to any other another Party (the “"Recipient”") in connection with the Project Action during its implementation and which has been explicitly marked as “"confidential”", or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “"Confidential Information”".
12.2 2. The Recipients Recipient hereby undertake undertakes in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 5 years after the end of the Project: - Action:
a. not to use Confidential Information otherwise than for the purpose for which it was disclosed; - ;
b. not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - ;
c. to ensure that internal distribution of Confidential Information by a the Recipient shall take place on a strict need-to-know basis; and - and
d. to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients Recipient including all copies thereof and to delete all information stored in a machine machine-readable form. If needed for the recording of ongoing obligations, the Recipients Recipient may however request to keep a copy for archival purposes only.
12.3 3. The Recipients Recipient shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project Action and/or after the termination of employment.
12.4 4. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - :
a. the Confidential Information becomes publicly available by means other than a breach of the Recipient’s 's confidentiality obligations; - ;
b. the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - ;
c. the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - ;
d. the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; Grant Agreement n° 101089469 — ATHEN A — ERASMUS-EDU - 2022-PCOOP-ENGO
e. the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - or
f. the Confidential Information was already known to the Recipient prior to disclosure or - or
g. the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 5. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party Parties shall promptly advise the each other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 6. If any Party a Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s 's reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Partnership Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractEC-GA, for a period of 3 5 years after the end of the Project: - :
(a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; - ;
(b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - ;
(c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - and
(d) to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - :
(a) the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - ;
(b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - ;
(c) the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - ;
(d) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - EC-GA;
(e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - or
(f) the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative orderdisclosure.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
(a) notify the Disclosing Party, and and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract EC-GA shall not prevent the communication of Confidential Information to the Programme OperatorEuropean Commission.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-non- disclosure under the Project ContractGrant Agreement, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Art. 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse by any person of Confidential Information as soon as practicable after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Consortium Agreement and the Project Contract Grant Agreement shall not prevent the communication of Confidential Information to the Programme OperatorEuropean Commission.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s Recipient‟s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure notify the Disclosing Party, and comply with the Disclosing Party’s Party‟s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of on non-disclosure under the Project ContractGrant Agreement, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.:
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.:
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party Recipient shall promptly advise inform the other relevant Disclosing Party in writing by written notice of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.a
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 10.3 The Recipients shall be responsible for the fulfillment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Art. 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, : - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions, to protect the confidentiality of the information.
12.8 10.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Partnership Agreement
Non-Disclosure of Information. 12.1 8.1 All information in whatever form or mode of transmission, which is disclosed by a Party party (the “Disclosing Party”) to any other Party party (the “RecipientReceiving Party”) in connection with the Program or a Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The information which is not identified as confidential shall nevertheless be treated as Confidential Information by the Receiving Party, if it knows or should reasonably be expected to know about the secret and confidential nature of such information.
12.2 8.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 Receiving Party shall up until five (5) years after the end of the Project: - Program:
(a) not to use the Confidential Information otherwise than for the purpose for which it was disclosed; - ;
(b) not to disclose the Confidential Information to any third party without the prior written consent by of the Disclosing Party; - to ensure that internal distribution of .
8.3 The Receiving Party shall internally distribute Confidential Information by a Recipient shall take place on a strict need-to-know basis; basis and - to return apply the same degree of care with regard to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored as with its own confidential information, but in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes onlyno case less than reasonable care.
12.3 8.4 The Recipients Receiving Party shall be responsible for have its employees, collaborators, advisors and consultants comply with the fulfillment of the above obligations on the part of their employees confidentiality provisions hereof and shall ensure that their employees remain so obligedthey continue to do, as far as legally possible, during and after the end of the Project Program and/or after the termination of employmentemployment or the agreement with the advisor or consultant.
12.4 8.5 The above foregoing obligations of this Article 8 shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient Receiving Party can show that: - :
(a) the Confidential Information becomes publicly available by means became public other than through a breach of the RecipientReceiving Party’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that ;
(b) the Confidential Information is no longer confidential; - received by the Confidential Information is communicated to the Recipient Receiving Party without any obligation of confidence by from a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - ;
(c) the Confidential Information was already known to the Receiving Party prior to disclosure;
(d) the Confidential Information was developed by the Receiving Party completely independently of any such disclosure by the Disclosing Party;
(e) the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by Grant Agreement or IWT Agreements;
(f) the Disclosing Party; or - Party informs the Receiving Party that the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative orderno longer confidential.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 8.6 If any a Receiving Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
(a) notify the Disclosing Party, and and
(b) comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 8.7 A Receiving Party shall promptly advise the Disclosing Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse.
8.8 A Receiving Party shall return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Receiving Party including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Receiving Party may however request to keep a copy for archival purposes only.
8.9 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme OperatorSIM, if needed.
Appears in 1 contract
Samples: Framework Agreement
Non-Disclosure of Information. 12.1 9.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “"Disclosing Party”") to any other Party (the “"Recipient”") in connection with the Project during its implementation and which has been explicitly marked as “"confidential”" at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “"Confidential Information”".
12.2 9.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 4 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine machine-readable form. If needed The Recipients may keep one (1) copy to the extent it is required to maintain, archive or store such Confidential Information because of compliance with applicable laws and regulations or for the recording proof of ongoing on-going obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 9.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees and or third parties involved in the Project. They shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 9.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s 's confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was can be shown by written documentation to have been developed or created by the Recipient and/or its Affiliated Entities completely independently without access to the Confidential Information of any such disclosure by the respective Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, subject to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.provision Section
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” or “sensitive” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 . The Recipients Recipient hereby undertake undertakes in addition and without prejudice to any commitment of on non-disclosure under the Project Contractregional Grant Agreements, for a period of 3 5 years after the end final payment of the ProjectGranting Authority: - − not to use Confidential Information otherwise than for the purpose for which it was disclosed; - − not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - − to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - − to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients Recipient including all copies thereof and to delete all information stored in a machine machine- readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the Recipients The Recipient may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes only.
12.3 the proof of on-going obligations provided that the Recipient complies with the confidentiality obligations herein contained with respect to such copy. The Recipients Recipient shall be responsible for the fulfillment fulfilment of the above obligations on the part of their its employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - − the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - − the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - − the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - − the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contractregional Grant Agreements; - − the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - − the Confidential Information was already known to the Recipient prior to disclosure disclosure, or - − the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 , subject to the provision Section 5.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 . Each Party Recipient shall promptly advise inform the other relevant Disclosing Party in writing by written notice of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 . If any Party Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, . − notify the Disclosing Party, and − comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-on non- disclosure under the Project ContractGrand Agreement, for a period of 3 4 years after the end of the Project: - not Not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with respect to such copy for as long as the copy is retained.
12.3 10.3 The Recipients recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - − the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - − the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - − the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - − the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - − the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - − the Confidential Information was already known to the Recipient prior to disclosure disclosure, or - − the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmission“Any form/mode of communication” will now also include the electronic exchange system. communication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. Other than orally disclosed Confidential Information must be identified as confidential at the time it is disclosed (see MGA Article 36.1).
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 4 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party Party, or destroy, on demand demandrequest all Confidential Information which whichthat has been supplied supplieddisclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for to the recording of ongoing obligations, the extent practically possible. The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with respect to such copy for as long as the copy is retained. The consent of the owner of confidential data is needed before giving it to subcontractors /affiliates even if those have a role in project. The source of this 4-year duration lies in the MGA, Article 36. The obligation is not to disclose confidential information to anybody (whether inside the consortium or not).
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party. Consent of the owner of the Confidential Information is needed before giving such Confidential Information to Third Partiesthird parties (e.g. subcontractors and affiliates.). Third parties in this context covers any entities which are not a party to the CA, including but not limited to linked third parties and subcontractors. It is independent in this contextnot relevant whether the third parties are involved in the project or not.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence confidenceconfidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidenceconfidentiality to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure disclosure; or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contractundertake, for a period of 3 4 years after the end of the Project: - (a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; - (b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - (c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - (d) to return to the Disclosing Party or desroy, on demand request, all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations provided that the Recipient complies with the confidentiality obligations herein contained with respect to such copy.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - a) the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - c) the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - d) the disclosure or communication of the Confidential Information is foreseen requested by provisions of EJP-RD or the Project ContractFunding Organisations; - e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - f) the Confidential Information was already known to the Recipient prior to disclosure disclosure; or - g) the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1. All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2. The Recipients Recipient hereby undertake undertakes in addition and without prejudice to any commitment of on non-disclosure under the Project ContractGrant Agreement, for a period of 3 5 years after the end final payment of the Project: - Granting Authority (the Coordinator notifies the Associated Partner(s) about the date of the final payment): − not to use Confidential Information otherwise than for the purpose for which it was disclosed; - − not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - − to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - − to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine machine-readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the Recipients The Recipient may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations provided that the Recipient complies with the confidentiality obligations herein contained with respect to such copy.
12.3 10.3. The Recipients Recipient shall be responsible for the fulfillment fulfilment of the above obligations on the part of their its employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - − the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - − the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - − the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - − the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - − the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - − the Confidential Information was already known to the Recipient prior to disclosure disclosure, or - − the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6. Each Party Recipient shall promptly advise inform the other relevant Disclosing Party in writing by written notice of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7. If any Party Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, order or – in the case of an Associated Partner – with a reporting requirements from its national funding authority - it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure − notify the Disclosing Party, and − comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party or Associated Party (the “Disclosing Party”) to any other or Associated Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGA, for a period of 3 five (5) years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on-going obligations.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and its Affiliated Entities listed in Attachment 4 and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGA; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 7.1. All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 7.2. The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only.
12.3 7.3. The Recipients shall be responsible for the fulfillment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 7.4. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 The Recipient shall apply the same degree of care with regard , subject to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable careprovision Art. 7.7 hereunder.
12.6 Each Party shall promptly advise the other Party in writing of any unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized disclosure, misappropriation or misuse.
12.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Partnership Agreement
Non-Disclosure of Information. 12.1
10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project ContractGrant Agreement, for a period of 3 4 years after the end of the Project: - :
a. not to use Confidential Information otherwise than for the purpose for which it was disclosed; - ;
b. not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - ;
c. to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - and
d. to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes onlythe proof of on- going obligations.
12.3 10.3 The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party.
12.4 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - :
a. the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - ;
b. the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - ;
c. the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - ;
d. the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - Grant Agreement;
e. the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - or
f. the Confidential Information was already known to the Recipient prior to disclosure or - or
g. the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder.
12.5 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 10.6 Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure,
a. notify the Disclosing Party, and and
b. comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other another Party (the “Recipient”) ), in connection with the Project during its implementation Work Programme and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 thirty (30) calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 . The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the Project Contract, for a period of 3 four (4) years after the end of the ProjectDisclosing: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; , - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; , - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and , - to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes only.
12.3 the proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with respect to such copy for as long as the copy is retained. The Recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project Consortium and/or after the termination of employment.
12.4 the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project Contract; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure disclosure, or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 , subject to the provision Section 10 last paragraph hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project Consortium as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 care Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 . If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, : - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
Non-Disclosure of Information. 12.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”.
12.2 . The Recipients hereby undertake in addition and without prejudice to any commitment of on non-disclosure under the Project ContractGrant Agreement, for a period of 3 4 years after the end of the Project: - not Not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party Party, or destroy, on demand request all Confidential Information which that has been supplied disclosed to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable formform to the extent practically possible. If needed for the recording of ongoing obligations, the The Recipients may however request to keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for archival purposes only.
12.3 the proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with respect to such copy for as long as the copy is retained. The Recipients recipients shall be responsible for the fulfillment fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment.
12.4 the contractual relationship with the employee or third party. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence confidentiality to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Project ContractGrant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure disclosure, or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order.
12.5 , subject to the provision 10.7 hereunder. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care.
12.6 care Each Party shall promptly advise the other Party in writing of any unauthorized unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorized unauthorised disclosure, misappropriation or misuse.
12.7 . If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure, disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instruction instructions to protect the confidentiality of the information.
12.8 The confidentiality obligations under this Partnership Agreement and the Project Contract shall not prevent the communication of Confidential Information to the Programme Operator.
Appears in 1 contract
Samples: Consortium Agreement
