Procedure to Protect Clause Samples
The "Procedure to Protect" clause outlines the steps a party must take to safeguard certain interests, such as confidential information, intellectual property, or contractual rights. Typically, this clause requires the party to implement specific measures—like notifying the other party of potential breaches, following prescribed security protocols, or taking legal action if necessary. Its core function is to ensure that both parties understand their responsibilities in preventing harm or unauthorized use, thereby reducing the risk of loss or misuse and providing a clear process for addressing potential threats.
Procedure to Protect. Recipient covenants that it shall use the same degree of care with Owner’s Confidential Information that it uses with its own Confidential Information of a similar type, but in any event no less than reasonable care. Recipient agrees not to sell, license or otherwise exploit any products or services (including software in any form) which embody in whole or in part any Confidential Information.
Procedure to Protect. To gain protection under this Agreement as Proprietary Information, any originating party will disclose information in written or other permanent form and will clearly and conspicuously ▇▇▇▇ such information as “proprietary” using an appropriate legend. Information stored in electronic form on disk, tape, or other storage media constitutes information in permanent form. Such electronic information will be adequately marked if a proprietary legend displays when the information originally runs on a computer system and when the information is printed from its data file. If any originating party originally discloses information in some other form (e.g., orally or visually), a receiving party(ies) will protect such information as Proprietary Information to the extent that the originating party:
a) Identifies the information as proprietary at the time of original disclosure;
b) Summarizes the Proprietary Information in writing;
c) Marks the writing clearly and conspicuously with an appropriate proprietary legend; and
d) Delivers the writing to the receiving party within thirty (30) days following the original disclosure. An originating party will not identify information as proprietary unless the originating party believes that such information is proprietary or constitutes a trade secret. The parties will attempt to limit the exchange of Proprietary Information, disclosing only that Proprietary Information necessary for the purposes of this Agreement.
Procedure to Protect. Recipient covenants that it shall use the same degree of care with the Petroleum Realty Group Parties’ Confidential Information that it uses with its own Confidential Information of a similar type, but in any event no less than reasonable care. Recipient agrees not to sell, license or otherwise exploit any products or services (including software in any form) which embody in whole or in part any Confidential Information.
Procedure to Protect. To gain protection under this Agreement as Proprietary Information, an originating Party must disclose information in written or other permanent form and must clearly and conspicuously ▇▇▇▇ such information as being proprietary using an appropriate legend. Information stored in electronic form on disk, tape, or other storage media constitutes information in permanent form. Such electronic information will be adequately marked if a proprietary legend displays when the information originally runs on a computer system and when the information is printed from its data file. If an originating Party originally discloses information in some other form (e.g., orally or visually), a receiving Party will protect such information as Proprietary Information to the extent that the originating Party:
a. Identifies the information as proprietary at the time of original disclosure; and,
▇. ▇▇▇▇▇ the writing clearly and conspicuously with an appropriate proprietary legend; and,
c. Delivers the writing to the receiving Party within thirty (30) days following the original disclosure. An originating Party will not identify information as proprietary unless the originating Party believes that such information is proprietary or constitutes a trade secret. The Parties will attempt to limit the exchange of Proprietary Information, disclosing only that Proprietary Information necessary for the purposes of this Agreement.
Procedure to Protect. Each of the Parties will use the same degree of care in protecting Confidential Information of the other Parties.