Common use of Scope of Obligation Clause in Contracts

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS and FC each agrees that (a) all information communicated to it by the other and identified as confidential, whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with the EDS Services, whether before or after the date hereof, and (c) this Agreement and the Parties' rights and obligations hereunder, will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS and FC agrees to use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. No such information will be disclosed by the recipient Party without the prior written consent of the other Party; provided, however, that each Party may disclose this Agreement and the other Party's confidential information to those of the recipient Party's attorneys, auditors, insurers (if applicable), subcontractors and employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient Party, so long as the recipient Party advises each such attorney, auditor, insurer, subcontractor and employee of the confidentiality obligations set forth in this Exhibit B. In any event, compliance by each of the persons referenced in the preceding sentence with the confidentiality obligations set forth in this Exhibit B will remain the responsibility of the Party employing or engaging such persons. Notwithstanding the foregoing, EDS may disclose this Agreement and other confidential information to which it has access hereunder to professional advisers, financial institutions and other third parties in connection with any proposed transaction to provide financing related to this Agreement or the obligations of EDS hereunder, so long as each of them execute a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Exhibit B.

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS and FC webMethods each agrees that (a) all information communicated to it by the other and identified as confidential, whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with the EDS Servicesits performance under this Agreement, whether before or after the date hereof, and (c) the terms of this Agreement and the Parties' rights and obligations hereunderAgreement, will be and will be are deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS and FC webMethods agrees to use the same means as it uses to protect its own confidential informationConfidential Information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. Such information shall collectively be referred to herein as "Confidential Information." No such information Confidential Information will be disclosed by the recipient Party party without the prior written consent of the other Partyparty; provided, however, that each Party party may disclose this Agreement and the other Partyparty's confidential information Confidential Information to those of the recipient Partyparty's attorneys, auditors, insurers (if applicable), subcontractors and full time employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient Partyparty, so long as the recipient Party party advises each such attorney, auditor, insurer, subcontractor and employee of the confidentiality obligations set forth in this Exhibit B. In any event, compliance Section 10. Compliance by each of the persons referenced in the preceding sentence such employee with the such confidentiality obligations set forth in this Exhibit B will remain the responsibility of the Party party employing or engaging such persons. Notwithstanding the foregoing, EDS may disclose this Agreement and other confidential information to which it has access hereunder to professional advisers, financial institutions and other third parties in connection with any proposed transaction to provide financing related to this Agreement or the obligations of EDS hereunder, so long as each of them execute a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Exhibit B.employee.

Scope of Obligation. Except as otherwise expressly expressively provided in this Agreement, EDS and FC BuildNet each agrees agree that (a) all information communicated to it by the other and identified in writing as confidential, or disclosed orally or visually if identified as confidential at the time of disclosure and if summarized in writing and provided to the other party promptly after such oral or visual disclosure whether before or after the The date hereof, (b) all information identified as confidential to which it has access constituting part of the Deliverables in connection with the EDS Services, whether before or after the date hereof, and (c) this Agreement and the Partiesparties' rights and obligations hereunder, will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of E-EDS and FC BuildNet agrees to use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. No such information will be disclosed by the recipient Party party without the prior written consent of the other Partyparty; provided, however, that each Party party may disclose this Agreement and the other Party's party s confidential information to those of the recipient Partyparty's attorneys, auditors, insurers (if applicable), subcontractors and full time employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient Party, so long as the recipient Party advises each such attorney, auditor, insurer, subcontractor and employee of the confidentiality obligations set forth in this Exhibit B. In any event, compliance party. Compliance by each of the persons referenced in the preceding sentence with the confidentiality obligations set forth in this Exhibit ATTACHMENT B will remain the responsibility of the Party party employing or engaging such persons. Notwithstanding the foregoing, EDS may disclose this Agreement and other confidential information to which it has access hereunder to professional advisers, financial institutions and other third parties in connection with any proposed transaction to provide financing related to this Agreement or the obligations of EDS hereunder, so long as each of them execute a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Exhibit B..

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS BUILDNET and FC GEA each agrees agree that (a) all information communicated to it by the other and identified in writing as confidential, or disclosed orally or visually if identified as confidential at the time of disclosure and if summarized in writing and provided to the other 27 52 party promptly after such oral or visual disclosure whether before or after the date hereof, (b) all information identified as confidential to which it has access constituting part of the work product or deliverables provided in connection with the EDS BUILDNET Services, whether before or after the date hereof, and (c) this Agreement and the Partiesparties' rights and obligations hereunder, will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS BUILDNET and FC GEA agrees to use the same means as it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. No such information will be disclosed by the recipient Party without the prior written consent of the other Party; provided, however, that each Party may disclose this Agreement and the other Party's confidential information to those of the recipient Party's attorneys, auditors, insurers (if applicable), subcontractors and full time employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient Party, so long as the recipient Party advises each such attorney, auditor, insurer, subcontractor and employee of the confidentiality obligations set forth in this Exhibit B. In any event, compliance . Compliance by each of the persons referenced in the preceding sentence with the confidentiality obligations set forth in this Exhibit B Section will remain the responsibility of the Party employing or engaging such persons. Notwithstanding the foregoing, EDS may disclose this Agreement and other confidential information to which it has access hereunder to professional advisers, financial institutions and other third parties in connection with any proposed transaction to provide financing related to this Agreement or the obligations of EDS hereunder, so long as each of them execute a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Exhibit B..