Common use of Without prejudice to the provisions of Clause Clause in Contracts

Without prejudice to the provisions of Clause. 36.2, the CONTRACTOR shall, both before and after the completion or termination of this Contract, take all reasonable steps to ensure: 36.3.1 that no such person as is mentioned in Clauses 36.2.1, 36.2.2 or 36.2.3 hereof shall have access to any item or document under the control of the CONTRACTOR containing information about a secret matter except with the prior consent in writing of the CUSTOMER; 36.3.2 that no visitor to any premises in which there is any item to be supplied under this Contract or where Ordered Goods are being supplied shall see or discuss with the CONTRACTOR or any person employed by him any secret matter unless the visitor is authorised in writing by the CUSTOMER so to do; 36.3.3 that no photograph of any item to be supplied under this Contract or any portions of the Ordered Goods shall be taken except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, and that no such photograph shall, without such consent, be published or otherwise circulated; 36.3.4 that all information about any secret matter and every document model or other item which contains or may reveal any such information is at all times strictly safeguarded, and that, except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, no copies of or extracts from any such document, model or item shall be made or used and no designation of description which may reveal information about the nature or contents of any such document, model or item shall be placed thereon; and 36.3.5 that if the CUSTOMER gives notice in writing to the CONTRACTOR at any time requiring the delivery to the CUSTOMER of any such document, model or item as is mentioned in Clause 36.3.4, that document, model or item (including all copies of or extracts therefrom) shall forthwith be delivered to the CUSTOMER who shall be deemed to be the owner thereof and accordingly entitled to retain the same. 36.3.6 The decision of the CUSTOMER on the question whether the CONTRACTOR has taken or is taking all reasonable steps as required by the foregoing provisions of this Clause 36.3 shall be final and conclusive.

Without prejudice to the provisions of Clause. 36.2[43.2], the CONTRACTOR SERVICE PROVIDER shall, both before and after the completion expiry or termination of this Contract, take all reasonable steps to ensure: 36.3.1 43.3.1 that no such person as is mentioned in Clauses 36.2.1[43.2.1], 36.2.2 [43.2.2] or 36.2.3 [43.2.3] hereof shall have access to any item or document under the control of the CONTRACTOR SERVICE PROVIDER containing information about a secret matter except with the prior consent in writing of the CUSTOMER; 36.3.2 43.3.2 that no visitor to any premises in which there is any item to be supplied under this Contract or where Ordered Goods IT Solutions are being supplied provided shall see or discuss with the CONTRACTOR SERVICE PROVIDER or any person employed by him any secret matter unless the visitor is authorised in writing by the CUSTOMER so to do; 36.3.3 43.3.3 that no photograph of any item to be supplied under this Contract or any portions of the Ordered Goods IT Solutions shall be taken except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, and that no such photograph shall, without such consent, be published or otherwise circulated; 36.3.4 43.3.4 that all information about any secret matter and every document model or other item which contains or may reveal any such information is at all times strictly safeguarded, and that, except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, no copies of or extracts from any such document, model or item shall be made or used and no designation of description which may reveal information about the nature or contents of any such document, model or item shall be placed thereon; and 36.3.5 43.3.5 that if the CUSTOMER gives notice in writing to the CONTRACTOR SERVICE PROVIDER at any time requiring the delivery to the CUSTOMER of any such document, model or item as is mentioned in Clause 36.3.4[43.3.4], that document, model or item (including all copies of or extracts therefrom) shall forthwith be delivered to the CUSTOMER who shall be deemed to be the owner thereof and accordingly entitled to retain the same. 36.3.6 The decision of the CUSTOMER on the question whether the CONTRACTOR has taken or is taking all reasonable steps as required by the foregoing provisions of this Clause 36.3 shall be final and conclusive.