Common use of Confidentiality Clause in Contracts

Confidentiality. The contractual parties undertake not to disclose or otherwise make available to third parties without the prior written consent of the other contractual party the terms and conditions of the agreement or any other information concerning their mutual business relations, including after the termination or extinction of the Agreement. Each of the contractual parties shall make available the content of this agreement and information relating to its subject matter only to those employees, workers, members, shareholders and expert advisers who need to know it in connection with the performance of the tasks pursuant to this agreement. The confidentiality obligation shall not apply to the following information: that is publicly known; that becomes known to the public otherwise than through breach of the provisions of this agreement; that is legitimately available to the other contractual party before it is made available to such contractual party; that the contractual party obtains from a third party who is not bound by the confidentiality obligation. The contractual parties shall also be required to provide information to the extent and in the manner as required by generally binding legal rules and regulations or based on decisions of courts or administrative authorities. The contractual parties hereby agree that should it be necessary to publish this agreement in the register of contracts pursuant to Act No. 340/2015 Coll., on special conditions for the effectiveness of some contracts, the publication of these contracts, and the register of contracts (the “Act on the Register of Contracts”), the customer shall be obliged to publish this agreement. The contractual parties also state that the calculation of the volume-based bonus as specified in Annex 1, 2 and 3 to this agreement falls within the scope of exemptions from the obligation of publication pursuant to Section 3(2)(b) of the Act on the Register of Contracts. In this context, the customer shall be obliged not to disclose information which constitutes trade secret pursuant to Section 504 of the Civil Code, unless this is contrary to the Act on the Register of Contracts in the present case. The supplier considers especially Annex 1, 2 and 3 its trade secret. The customer shall be obliged to publish the agreement in the register of contracts within five business days following the date of its signing by both contractual parties. It shall inform the supplier of such publication without undue delay and shall submit thereto appropriate evidence, for instance, the identification number of the entry in the register of contracts.

Appears in 1 contract

Samples: Smlouva O Spolupráci Při Dlouhodobých Dodávkách Léčivých Přípravků

Confidentiality. The contractual parties undertake not to disclose or otherwise make available to third parties without the prior written consent of the other contractual party the terms and conditions of the agreement or any other information concerning their mutual business relations, including after the termination or extinction of the Agreement. Each of the contractual parties shall make available the content of this agreement and information relating to its subject matter only to those employees, workers, members, shareholders and expert advisers who need to know it in connection with the performance of the tasks pursuant to this agreement. The confidentiality obligation shall not apply to the following information: that is publicly known; that becomes known to the public otherwise than through breach of the provisions of this agreement; that is legitimately available to the other contractual party before it is made available to such contractual party; that the contractual party obtains from a third party who is not bound by the confidentiality obligation. The contractual parties shall also be required to provide information to the extent and in the manner as required by generally binding legal rules and regulations or based on decisions of courts or administrative authorities. For breach of the confidentiality obligation pursuant to this article, the obligor-contractual party undertakes to pay to the obligee-contractual party a contractual fine in the amount of CZK 200,000 (to wit: two hundred thousand Czech crowns) for each event of such breach. Payment of contractual penalty shall not affect the right of the obligee to seek indemnification. The contractual parties hereby agree that should it be necessary to publish this agreement in the register of contracts pursuant to Act No. 340/2015 Coll., on special conditions for the effectiveness of some contracts, the publication of these contracts, and the register of contracts (the “Act on the Register of Contracts”), the customer shall be obliged to publish this agreement. The contractual parties also state that the calculation of the volume-based bonus as specified in Annex 1, 2 and 3 1 to this agreement falls within the scope of exemptions from the obligation of publication pursuant to Section 3(2)(b) of the Act on the Register of Contracts. In this context, the customer shall be obliged not to disclose information which constitutes trade secret pursuant to Section 504 of the Civil Code, unless this is contrary to the Act on the Register of Contracts in the present case. The supplier considers especially Annex 1, 2 and 3 1 its trade secret. The customer shall be obliged to publish the agreement in the register of contracts within five business days following the date of its signing by both contractual parties. It shall inform the supplier of such publication without undue delay and shall submit thereto appropriate evidence, for instance, the identification number of the entry in the register of contracts.

Appears in 1 contract

Samples: Smlouva O Spolupráci Při Dlouhodobých Dodávkách Léčivých Přípravků

Confidentiality. The contractual parties undertake not to disclose or otherwise make available to third parties without the prior written consent of the other contractual party the terms and conditions of the agreement or any other information concerning their mutual business relations, including after the termination or extinction of the Agreement. Each of the contractual parties shall make available the content of this agreement and information relating to its subject matter only to those employees, workers, members, shareholders and expert advisers who need to know it in connection with the performance of the tasks pursuant to this agreement. The confidentiality obligation shall not apply to the following information: that is publicly known; that becomes known to the public otherwise than through breach of the provisions of this agreement; that is legitimately available to the other contractual party before it is made available to such contractual party; that the contractual party obtains from a third party who is not bound by the confidentiality obligation. The contractual parties shall also be required to provide information to the extent and in the manner as required by generally binding legal rules and regulations or based on decisions of courts or administrative authorities. For breach of the confidentiality obligation pursuant to this article, the obligor-contractual party undertakes to pay to the obligee-contractual party a contractual fine in the amount of CZK 200,000 (to wit: two hundred thousand Czech crowns) for each event of such breach. Payment of contractual penalty shall not affect the right of the obligee to seek indemnification. The contractual parties hereby agree that should it be necessary to publish this agreement in the register of contracts pursuant to Act No. 340/2015 Coll., on special conditions for the effectiveness of some contracts, the publication of these contracts, and the register of contracts (hereinafter referred to as the “Act on the Register of Contracts”), the customer shall be obliged to publish this agreement. The contractual parties also state that the calculation of the volume-based bonus as specified in Annex 1, 2 and 3 1 to this agreement falls within the scope of exemptions from the obligation of publication pursuant to Section 3(2)(b) of the Act on the Register of Contracts. In this context, the customer shall be obliged not to disclose information which constitutes trade secret pursuant to Section 504 of the Civil Code, unless this is contrary to the Act on the Register of Contracts in the present case. The supplier considers especially Annex 1, 2 and 3 1 its trade secret. The customer shall be obliged to publish the agreement in the register of contracts within five 5 business days following the date of its signing by both contractual parties. It shall inform the supplier of such publication without undue delay and shall submit thereto appropriate evidence, for instance, the identification number of the entry in the register of contracts.. V General Provisions In all other matters not regulated by this agreement, the legal relationship established by this agreement shall be governed by the laws of the Czech Republic, namely the provisions of the Civil Code. This agreement contains the entire agreement of the contractual parties with regard to the subject matter hereof and pursuant to Section 1902 first sentence of the Civil Code shall fully supersede all other written or oral contracts, agreements and arrangements entered into with respect to the subject matter of this agreement. The contractual parties agree that in the event of any change in their contact details, the relevant contractual party shall notify the other contractual party of such change. Should it fail to do so, delivery of correspondence to the last known contact address of the relevant contractual party shall be deemed valid delivery. This agreement shall be entered into for an indefinite period of time. Each contractual party shall be authorised to terminate this agreement by virtue of serving a written termination notice to the other contractual party without giving any reason. The notice period shall be 15 days months and shall commence on the first day of the calendar month following the delivery to the other contractual party. A reply of a party to this agreement pursuant to Section 1740 (3) of the Civil Code, containing an amendment or deviation, shall not constitute acceptance of the offer to conclude this agreement, even if it does not materially change the terms of such offer. Without the prior written consent of the supplier, the customer shall not be authorised to assign or otherwise transfer to any third party or encumber, in whole or in part, its rights and obligations under this agreement. This agreement including its annexes may only be amended and modified by virtue of numbered written amendments executed by both contractual parties. The agreement shall be executed in two counterparts, of which each of the contractual parties shall receive one. This agreement is executed in Czech and English language. In the event of any discrepancies between the individual language versions hereof, the Czech version shall prevail. The volume-based bonus agreed upon in this agreement shall be granted to the customer for actual supplies of goods with effectiveness as of 1.1.2023. The contractual parties hereby represent that they have read this agreement before signing it and that its content corresponds to their true, earnest and definite will, in witness whereof they append their signatures hereunto. V Praze den / In Prague on … … ………… Dodavatel / Supplier: ____________________________ Boehringer Ingelheim, spol. s .r.o. Xxxxxx Xxxxxxxx, jednatel/ Executive ____________________________ Boehringer Ingelheim, spol. s .r.o. Xxxxxxx Xxxxxxx, jednatelka / Executive Ve Frýdku Místku dne / In Frýdek Místek on … … ………… Odběratel / Customer: ___________________________ Nemocnice ve Frýdku-Místku, příspěvková organizace Xxx. Xxxxx Xxxxxxxx, ředitel/Director Příloha č. 1 – vzor a výpočet objemového bonusu ke zboží uvedenému v této příloze, která představuje obchodní tajemství dodavatele Annex 1 – Model and calculation of volume-based bonus for goods listed in this annex, which constitutes supplier's trade secret

Appears in 1 contract

Samples: Smlouva O Spolupráci Při Dlouhodobých Dodávkách Léčivých Přípravků

Confidentiality. The contractual parties undertake not to disclose or otherwise make available to third parties without the prior written consent of the other contractual party the terms and conditions of the agreement or any other information concerning their mutual business relations, including after the termination or extinction of the Agreement. Each of the contractual parties shall make available the content of this agreement and information relating to its subject matter only to those employees, workers, members, shareholders and expert advisers who need to know it in connection with the performance of the tasks pursuant to this agreement. The confidentiality obligation shall not apply to the following information: that is publicly known; that becomes known to the public otherwise than through breach of the provisions of this agreement; that is legitimately available to the other contractual party before it is made available to such contractual party; that the contractual party obtains from a third party who is not bound by the confidentiality obligation. The contractual parties shall also be required to provide information to the extent and in the manner as required by generally binding legal rules and regulations or based on decisions of courts or administrative authorities. For breach of the confidentiality obligation pursuant to this article, the obligor-contractual party undertakes to pay to the obligee-contractual party a contractual fine in the amount of CZK 200,000 (to wit: two hundred thousand Czech crowns) for each event of such breach. Payment of contractual penalty shall not affect the right of the obligee to seek indemnification. The contractual parties hereby agree that should it be necessary to publish this agreement in the register of contracts pursuant to Act No. 340/2015 Coll., on special conditions for the effectiveness of some contracts, the publication of these contracts, and the register of contracts (hereinafter referred to as the “Act on the Register of Contracts”), the customer shall be obliged to publish this agreement. The contractual parties also state that the calculation of the volume-based bonus as specified in Annex 1, 2 and 3 1 to this agreement falls within the scope of exemptions from the obligation of publication pursuant to Section 3(2)(b) of the Act on the Register of Contracts. In this context, the customer shall be obliged not to disclose information which constitutes trade secret pursuant to Section 504 of the Civil Code, unless this is contrary to the Act on the Register of Contracts in the present case. The supplier considers especially Annex 1, 2 and 3 1 its trade secret. The customer shall be obliged to publish the agreement in the register of contracts within five 5 business days following the date of its signing by both contractual parties. It shall inform the supplier of such publication without undue delay and shall submit thereto appropriate evidence, for instance, the identification number of the entry in the register of contracts. V General Provisions In all other matters not regulated by this agreement, the legal relationship established by this agreement shall be governed by the laws of the Czech Republic, namely the provisions of the Civil Code. This agreement contains the entire agreement of the contractual parties with regard to the subject matter hereof and pursuant to Section 1902 first sentence of the Civil Code shall fully supersede all other written or oral contracts, agreements and arrangements entered into with respect to the subject matter of this agreement. The contractual parties agree that in the event of any change in their contact details, the relevant contractual party shall notify the other contractual party of such change. Should it fail to do so, delivery of correspondence to the last known contact address of the relevant contractual party shall be deemed valid delivery. This agreement shall be entered into for an indefinite period of time. Each contractual party shall be authorised to terminate this agreement by virtue of serving a written termination notice to the other contractual party without giving any reason. The notice period shall be 15 days months and shall commence on the first day of the calendar month following the delivery to the other contractual party. A reply of a party to this agreement pursuant to Section 1740 (3) of the Civil Code, containing an amendment or deviation, shall not constitute acceptance of the offer to conclude this agreement, even if it does not materially change the terms of such offer. Without the prior written consent of the supplier, the customer shall not be authorised to assign or otherwise transfer to any third party or encumber, in whole or in part, its rights and obligations under this agreement. This agreement including its annexes may only be amended and modified by virtue of numbered written amendments executed by both contractual parties. The agreement shall be executed in two counterparts, of which each of the contractual parties shall receive one. This agreement is executed in Czech and English language. In the event of any discrepancies between the individual language versions hereof, the Czech version shall prevail. The volume-based bonus agreed upon in this agreement shall be granted to the customer for actual supplies of goods with effectiveness as of 1.1.2023. The contractual parties hereby represent that they have read this agreement before signing it and that its content corresponds to their true, earnest and definite will, in witness whereof they append their signatures hereunto. V Praze den / In Prague on … … ………… Dodavatel / Supplier: ____________________________ Boehringer Ingelheim, spol. s .r.o. Xxxxxx Xxxxxxxx, jednatel / Executive ____________________________ Boehringer Ingelheim, spol. s .r.o. Xxxxxxx Xxxxxxx, jednatelka / Executive V Praze dne / In Prague on … … ………… Odběratel / Customer: ___________________________ VFN Xxxx.XXXx. Xxxxx Xxxxx, Ph.X., MBA, ředitel/ director Příloha č. 1 – vzor a výpočet objemového bonusu ke zboží uvedenému v této příloze, která představuje obchodní tajemství dodavatele xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Annex 1 – Model and calculation of volume-based bonus for goods listed in this annex, which constitutes supplier's trade secret xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Appears in 1 contract

Samples: Smlouva O Spolupráci Při Dlouhodobých Dodávkách Léčivých Přípravků