Common use of Use of Access Rights Clause in Contracts

Use of Access Rights. Background and Foreground shall be used only for the purposes for which Access Rights to it have been granted. New Participants entering the Consortium Agreement. All Foreground developed before the accession of the new Participant shall considered to be Background listed in Annex 1 with regard to said new Participant. Participants leaving the Consortium Agreement. Access Rights granted to a Defaulting Participant and such Participant's right to request Access Rights shall cease immediately upon receipt by the Defaulting Participant of the formal notice of the decision of the Project Committee to terminate its participation in the Project. A non-Defaulting Participant leaving voluntarily and with the other Participants' consent shall continue the Access Rights it has granted with respect to its Background and Foreground under this Consortium Agreement as if it had remained a Participant for the whole duration of the Project. A Defaulting Participant or a Participant voluntarily leaving shall continue to grant Access Rights pursuant to this Consortium Agreement in respect of its Background; and Foreground existing at the time of such termination as prescribed in this Consortium Agreement, for the term of this Consortium Agreement. Non-disclosure of information. All information in whatever form or mode of communication, which is disclosed by a Participant (the “Disclosing Participant”) to any other Participant (the “Receiving Participant”) in connection with the Project during its implementation and (i) which has been explicitly marked as “confidential” at the time of disclosure, or (ii) when disclosed orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 (fifteen) calendar days from oral disclosure at the latest as confidential information by the Disclosing Participant or (iii) when the confidential or proprietary character is or should reasonably have been known to the Receiving Participant is “Confidential Information”. Notwithstanding the foregoing, Confidential Information of a Participant shall not include information that the other Participant can establish by written documentation: to have been publicly known prior to disclosure of such information by the Disclosing Participant to the Receiving Participant; to have become publicly known, without the fault of the Receiving Participant, subsequent to disclosure of such information by the Disclosing Participant to the Receiving Participant; to have been received by the Receiving Participant at any time from a source, other than the Disclosing Participant, rightfully having possession of and the right to disclose such information; to have been otherwise known by the Receiving Participant prior to disclosure of such information by the Disclosing Participant to the Receiving Participant; or to have been independently developed by employees and/or agents of the Receiving Participant, on its behalf, without access to or use of such information disclosed by the Disclosing Participant to the Receiving Participant.

Use of Access Rights. Background and Foreground shall be used only for the purposes for which Access Rights to it have been granted. New Participants entering the Consortium Agreement. All Foreground developed before the accession of the new Participant shall considered to be Background listed in Annex 1 with regard to said new Participant. Participants leaving the Consortium Agreement. Access Rights granted to a Defaulting Participant and such Participant's right to request Access Rights shall cease immediately upon receipt by the Defaulting Participant of the formal notice of the decision of the Project Committee to terminate its participation in the Project. A non-Defaulting Participant leaving voluntarily and with the other Participants' consent shall continue the Access Rights it has granted with respect to its Background and Foreground under this Consortium Agreement as if it had remained a Participant for the whole duration of the Project. A Defaulting Participant or a Participant voluntarily leaving shall continue to grant Access Rights pursuant to this Consortium Agreement in respect of its Background; and Foreground existing at the time of such termination as prescribed in this Consortium Agreement, for the term of this Consortium Agreement. Non-disclosure of information. All Confidential information has the meaning as ascribed to it in whatever form or mode Section 1.6 of communication, which is disclosed by a Participant (the “Disclosing Participant”) to any other Participant (the “Receiving Participant”) in connection with the Project during its implementation and (i) which has been explicitly marked as “confidential” at the time of disclosure, or (ii) when disclosed orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 (fifteen) calendar days from oral disclosure at the latest as confidential information by the Disclosing Participant or (iii) when the confidential or proprietary character is or should reasonably have been known to the Receiving Participant is “Confidential Information”this Consortium Agreement. Notwithstanding the foregoingSection 1.6, Confidential Information of a Participant shall not include information that the other Participant can establish by written documentation: to have been publicly known prior to disclosure of such information by the Disclosing Participant to the Receiving Participant; to have become publicly known, without the fault of the Receiving Participant, subsequent to disclosure of such information by the Disclosing Participant to the Receiving Participant; to have been received by the Receiving Participant at any time from a source, other than the Disclosing Participant, rightfully having possession of and the right to disclose such information; to have been otherwise known by the Receiving Participant prior to disclosure of such information by the Disclosing Participant to the Receiving Participant; or to have been independently developed by employees and/or agents of the Receiving Participant, on its behalf, without access to or use of such information disclosed by the Disclosing Participant to the Receiving Participant.