Secret. Of value;
Secret. The Parties shall keep secret all the information related to this Agreement and which are not in the public domain or belong to the other party, except the information contained in the PATENTS, which can be published by INRA, CNRS in scientific press. LMS, INRA TRANSFERT, INRA and CNRS shall only communicate the secret information to third parties, in whole or in part, with the prior written consent of the two other Parties. This obligation includes information related to LMS or INRA TRANSFERT sub-licences, their identity, their field of activity and the nature of the contract concluded with LMS or INRA TRANSFERT. This obligation shall remain in effect even after the expiry of the agreement and for as long as this information shall not be in the public domain. LMS and INRA TRANSFERT shall include this clause in their respective sublicense agreements.
Secret. Designated as SECRET control officers are the Security Offi- cer and the Analysis, Records & Com- munications Manager, who have the re- sponsibility with respect to all infor- mation classified in this category:
(i) To receive the material for the Bank;
(ii) To maintain registers which will reflect the routing of the material and the return thereof in a reasonable length of time for security storage;
(iii) To dispatch and make record of material disseminated to authorized persons outside the Bank;
(iv) To maintain current access records.
Secret. Section 7.01. Each of the Parties undertakes to keep the Confidential Information secret for the duration of the Agreement and for a period of [**] after its termination or expiry. Each Party undertakes not to protect in the Field of Use, in any way whatsoever, all or part of the Confidential Information transmitted by the other Party, in particular by filing a patent application, and not to use them for any purpose other than those set out in Article 1, without the prior written consent of the latter. The Parties will ensure that their personnel and any person attached to their service in any capacity whatsoever are also be bound by this duty of confidentiality. The Parties hereby agree that any disclosure by the Company to a third party of any Confidential Information related to the invention protected by the Patent will be preceded by the signing of a confidentiality agreement with similar terms and conditions to those of this Article. The confidentiality agreements to which the Parties are bound pursuant to this Article shall not apply to information for which the receiving Party can prove:
(a) that it was disclosed to them by mutual agreement between the Parties, or that the disclosure was previously made by the Owning Party;
(b) that they were already in the public domain at the moment they were communicated by the other Party, or that they entered it after this communication through no fault of the recipient Party;
(c) that they were lawfully received from a third party without breaching the confidentiality obligations contained in this article;
(d) that, on the date of their communication by the owning Party, they were already in its possession;
(e) that their disclosure has been imposed by the application of a mandatory legal or regulatory provision or by the application of a final court decision or an arbitration award.
Section 7.02. This article cannot prevent the Company from sharing documents for the purpose of promoting the marketing of the Products in compliance with the conditions set out in this Agreement.
Secret. Material that if compromised could cause “Serious” damage to national security and requires a substantial degree of protection.
Secret. Very sensitive information that justifies heightened protective measures to defend against determined and highly capable threat actors. For example, where compromise could seriously damage military capabilities, international relations or the investigation of serious organised crime.
Secret. SECRET is very valuable, important and sensitive information with this classification used where compromise information “would be expected to cause serious damage to the national interest, organisations or individuals.” For example, compromise could:
Secret. 2.4.1 SECRET is used where compromise “could cause serious damage to national security, the Australian Government, nationally important economic and commercial interests or threaten life”. For example, compromise could:
a. raise international tension;
b. seriously damage relations with other governments;
c. seriously damage the operational effectiveness or security of Australian or allied forces;
d. seriously damage the continuing effectiveness of highly valuable security or intelligence operations;
e. threaten life directly;
x. seriously prejudice public order;
g. substantially damage national finances or economic and commercial interests;
h. shut down or substantially disrupt significant national infrastructure; or
i. seriously damage the internal stability of Australia or other countries.
2.4.2 This marking should only be used sparingly.
Secret. Upon the satisfaction of the Assignment Conditions, Amyris will promptly (and in any event no later than March 15, 2021) supply to DSM and DSM shall purchase up to [*]MT of Farnesene inventory at a price of $[*]/kg. for the sole purpose of selling such Farnesene to Givaudan to meet Givaudan’s [*] requirements. This supply of Farnesene inventory shall comply with all applicable requirements set forth in the Givaudan Farnesene Supply Agreement for DSM.
