Common use of Obligations of Confidence Clause in Contracts

Obligations of Confidence. (a) For the purposes of this clause 17, Confidential Information means the terms and conditions of the Transaction Documents and negotiations between Rio Tinto and BHP Billiton in relation to the Transaction Documents. (b) Each of Rio Tinto and BHP Billiton undertakes that it will not: (i) disclose Confidential Information to any person or permit or cause any person to do anything that gives rise to or contributes to the creation of a requirement to disclose Confidential Information (other than as permitted by this clause 17 or as required by Law); or (ii) use Confidential Information, except: (iii) with the prior written approval of the other; (iv) for the purposes of the Transaction Documents; or (v) as otherwise permitted by this clause 17. (c) Each of Rio Tinto and BHP Billiton undertakes that it will: (i) promptly do anything reasonably required by the other to prevent or restrain a breach or suspected breach of this clause 17 or any infringement or suspected infringement of the other whether by court proceedings or otherwise; and (ii) inform the other immediately if it becomes aware that Confidential Information has been disclosed to an unauthorised third party.

Obligations of Confidence. (a) For the purposes of this clause 17, Confidential Information means the terms and conditions of the Transaction Documents and negotiations between Rio Tinto and BHP Billiton in relation to the Transaction Documents. (b) Each of Rio Tinto and BHP Billiton undertakes that it will not: (i) disclose Confidential Information to any person or permit or cause any person to do anything that gives rise to or contributes to the creation of a requirement to disclose Confidential Information (other than as permitted by this clause 17 or as required by Law); or (ii) use Confidential Information, except: (iii) with the prior written approval of the other; (iv) for the purposes of the Transaction Documents; or (v) as otherwise permitted by this clause 17. (c) Each of Rio Tinto and BHP Billiton undertakes that it will:: Implementation Agreement (i) promptly do anything reasonably required by the other to prevent or restrain a breach or suspected breach of this clause 17 or any infringement or suspected infringement of the other whether by court proceedings or otherwise; and (ii) inform the other immediately if it becomes aware that Confidential Information has been disclosed to an unauthorised third party.