CONFIDENTIALITY TERMS IN SUBCONTRACT AGREEMENT
- Each Party shall treat as confidential and shall not, without obtaining the prior written approval of the other Party, disclose to any person the provisions of the Subcontract or any information supplied or made available for examination or otherwise disclosed hereunder to such Party by the other.
- Notwithstanding the provisions of Clause 1, information may be disclosed without the other Party’s consent:
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- to a governmental authority;
- to the COMPANY and the technical and professional advisers to the COMPANY;
- by a Party to its directors, officers, employees, agents and technical and professional advisers and any affiliate of such Party who reasonably require
- such information in the course of their duties and responsibilities in relation to the Subcontract;
- by a Party to its contractors and suppliers to the extent they reasonably require such information in the performance of their obligations in relation to the Subcontract;
- by a Party to the extent reasonably required for the purposes of obtaining and maintaining insurances;
- for the purposes of dispute resolution or the enforcement of rights and obligations under the Subcontract; and
- to the extent such information has become generally available to the public other than as a result of a breach by the disclosing party of its obligations under Clause 31,
In each such case, provided that, other than in regard to paragraphs a), f) and g) of Clauses 31.2, the person to whom such disclosure is made agrees to keep the information confidential and restrict its use in terms of Clause 31.
- Any information disclosed in accordance with Clause 2 shall only be used for a purpose or purposes incidental to or arising out of the Subcontract, and not for any other purpose.
- Neither Party, nor any of their officers, employees or agents shall make any public announcement of any kind regarding the existence or terms of the Subcontract without the prior written consent of the other Party.
- The provisions of Clause 31 shall survive after any termination of the Subcontract.