CONFIOENTIALITY Clause Samples

CONFIOENTIALITY. 5.1 The ETF and the Contractor shall treat with confidentiality any information and documents, in any form, disclosed in writing or orally in relation to the performance of the Contract and identified in writing as confidential. The Contractor shall: (a) Not use confidential information and documents for any purpose other than fulfilling its obligations under the Contract without prior written agreement of the ETF; (b) Ensure the protection of such confidential information and documents with the same level of protection it uses to protect its own confidential information, but in no case any less than reasonable care: (c) Not disclose directly or indirectly confidential information and documents to third parties without prior written agreement of the ETF. 5.2 The confidentiality obligation set out in Article 5.1 shall be binding on the ETF and the Contractor during the perrormance of the Contract and for five years starting from the date of the payment of the balance unless: (a) The concerned party agrees to release the other party from the confidentiality obligation earlier; (b) The confidential information becomes public through other means than in breach of the confidentiality obligation, through disclosure by the party bound by that obligation; (c) The disclosure of the confidential information is required by law. 5.3 The Contractor shall obtain from any natural person with the power to represent it or take decisions on its behalf, as well as from third parties involved in the perronnance of the Contract, an undertaking that they will comply with the confidentiality obligation set out in Article 5.1.