Common use of CONFIDENTIALITY AND TRANSPARENCY Clause in Contracts

CONFIDENTIALITY AND TRANSPARENCY. The Consultant shall not disclose any Confidential Information to any third party: (a) except to those of its Affiliates or Personnel who have a need to know such Confidential Information for the purpose of performing obligations under the Contract and have agreed to undertakings of confidentiality equivalent to this clause 12; or (b) unless the Confidential Information (i) was obtained from a third party who did not owe a duty of confidentiality to UNICEF; (ii) is in the public domain otherwise than through the Consultant’s act or default or the acts or defaults of the Affiliates or Personnel; (iii) was known by the Consultant prior to disclosure by UNICEF; or (iv) at any time is developed by the Consultant completely independently of any disclosures under the Contract. If the Consultant receives a request for disclosure of any Confidential Information pursuant to any judicial, court, arbitration or law enforcement process, before any such disclosure is made, the Consultant shall give UNICEF sufficient notice of such request in order to allow UNICEF to (i) have a reasonable opportunity to secure the intervention of the relevant national government to prevent disclosure and/or (ii) take such other action as may be appropriate. The Consultant shall not use the Confidential Information for any purpose other than the performance of its obligations under this Contract and shall not make any use prejudicial to UNICEF of any Confidential Information. The Consultant acknowledges (and shall enable UNICEF to achieve) the commitment to transparency as outlined in UNICEF’s Information Disclosure Policy as published on UNICEF’s Supply Website from time to time.

CONFIDENTIALITY AND TRANSPARENCY. The Consultant Contractor shall not disclose any Confidential Information to any third party: (a) except to those of its Affiliates or Personnel who have a need to know such Confidential Information for the purpose of performing obligations under the Contract and have agreed to undertakings of confidentiality equivalent to this clause 1213; or (b) unless the Confidential Information (i) was obtained from a third party who did not owe a duty of confidentiality to UNICEF; (ii) is in the public domain otherwise than through the ConsultantContractor’s act or default or the acts or defaults of the Affiliates or Personnel; (iii) was known by the Consultant Contractor prior to disclosure by UNICEF; or (iv) at any time is developed by the Consultant Contractor completely independently of any disclosures under the Contract. If the Consultant Contractor receives a request for disclosure of any Confidential Information pursuant to any judicial, court, arbitration or law enforcement process, before any such disclosure is made, the Consultant Contractor shall give UNICEF sufficient notice of such request in order to allow UNICEF to (i) have a reasonable opportunity to secure the intervention of the relevant national government to prevent disclosure and/or (ii) take such other action as may be appropriate. The Consultant Contractor shall not use the Confidential Information for any purpose other than the performance of its obligations under this Contract and shall not make any use prejudicial to UNICEF of any Confidential Information. The Consultant Contractor acknowledges (and shall enable UNICEF to achieve) the commitment to transparency as outlined in UNICEF’s Information Disclosure Policy as published on UNICEF’s Supply Website from time to time.

CONFIDENTIALITY AND TRANSPARENCY. The Consultant Contractor shall not disclose any Confidential Information to any third party: (a) except to those of its Affiliates or Personnel who have a need to know such Confidential Information for the purpose of performing obligations under the Contract and have agreed to undertakings of confidentiality equivalent to this clause 1215; or (b) unless the Confidential Information (i) was obtained from a third party who did not owe a duty of confidentiality to UNICEF; (ii) is in the public domain otherwise than through the ConsultantContractor’s act or default or the acts or defaults of the Affiliates or Personnel; (iii) was known by the Consultant Contractor prior to disclosure by UNICEF; or (iv) at any time is developed by the Consultant Contractor completely independently of any disclosures under the Contract. If the Consultant Contractor receives a request for disclosure of any Confidential Information pursuant to any judicial, court, arbitration or law enforcement process, before any such disclosure is made, the Consultant Contractor shall give UNICEF sufficient notice of such request in order to allow UNICEF to (i) have a reasonable opportunity to secure the intervention of the relevant national government to prevent disclosure and/or (ii) take such other action as may be appropriate. The Consultant Contractor shall not use the Confidential Information for any purpose other than the performance of its obligations under this Contract and shall not make any use prejudicial to UNICEF of any Confidential Information. The Consultant Contractor acknowledges (and shall enable UNICEF to achieve) the commitment to transparency as outlined in UNICEF’s Information Disclosure Policy as published on UNICEF’s Supply Website from time to time.