Common use of Scope of Obligation Clause in Contracts

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS and webMethods each agrees that (a) all information communicated to it by the other and identified as confidential, whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with its performance under this Agreement, whether before or after the date hereof, and (c) the terms of this Agreement, are deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS and webMethods agrees to use the same means as it uses to protect its own Confidential Information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. Such information shall collectively be referred to herein as "Confidential Information." No Confidential Information will be disclosed by the recipient party without the prior written consent of the other party; provided, however, that each party may disclose this Agreement and the other party's Confidential Information to those of the recipient party's full time employees who have a need to have access to such information in connection with their employment by the recipient party, so long as the recipient party advises each such employee of the confidentiality obligations set forth in this Section 10. Compliance by each such employee with such confidentiality obligations will remain the responsibility of the party employing such employee.

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS BUILDNET and webMethods GEA each agrees agree that (a) all information communicated to it by the other and identified in writing as confidential, or disclosed orally or visually if identified as confidential at the time of disclosure and if summarized in writing and provided to the other 27 52 party promptly after such oral or visual disclosure whether before or after the date hereof, (b) all information identified as confidential to which it has access constituting part of the work product or deliverables provided in connection with its performance under this Agreementthe BUILDNET Services, whether before or after the date hereof, and (c) this Agreement and the terms of this Agreementparties' rights and obligations hereunder, are will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS BUILDNET and webMethods GEA agrees to use the same means as it uses to protect its own Confidential Informationconfidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. Such No such information shall collectively be referred to herein as "Confidential Information." No Confidential Information will be disclosed by the recipient party Party without the prior written consent of the other partyParty; provided, however, that each party Party may disclose this Agreement and the other partyParty's Confidential Information confidential information to those of the recipient partyParty's attorneys, auditors, insurers (if applicable), subcontractors and full time employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient party, so long as Party. Compliance by each of the recipient party advises each such employee of persons referenced in the preceding sentence with the confidentiality obligations set forth in this Section 10. Compliance by each such employee with such confidentiality obligations will remain the responsibility of the party Party employing or engaging such employeepersons.

Scope of Obligation. Except as otherwise expressly provided in this Agreement, EDS and webMethods FC each agrees that (a) all information communicated to it by the other and identified as confidential, whether before or after the date hereof, (b) all information identified as confidential to which it has access in connection with its performance under this Agreementthe EDS Services, whether before or after the date hereof, and (c) this Agreement and the terms of this AgreementParties' rights and obligations hereunder, are will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of EDS and webMethods FC agrees to use the same means as it uses to protect its own Confidential Informationconfidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. Such No such information shall collectively be referred to herein as "Confidential Information." No Confidential Information will be disclosed by the recipient party Party without the prior written consent of the other partyParty; provided, however, that each party Party may disclose this Agreement and the other partyParty's Confidential Information confidential information to those of the recipient partyParty's full time attorneys, auditors, insurers (if applicable), subcontractors and employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient partyParty, so long as the recipient party Party advises each such attorney, auditor, insurer, subcontractor and employee of the confidentiality obligations set forth in this Section 10. Compliance Exhibit B. In any event, compliance by each such employee of the persons referenced in the preceding sentence with such the confidentiality obligations set forth in this Exhibit B will remain the responsibility of the party Party employing or engaging such employee.persons. Notwithstanding the foregoing, EDS may disclose this Agreement and other confidential information to which it has access hereunder to professional advisers, financial institutions and other third parties in connection with any proposed transaction to provide financing related to this Agreement or the obligations of EDS hereunder, so long as each of them execute a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Exhibit B.

Scope of Obligation. Except as otherwise expressly expressively provided in this Agreement, EDS and webMethods BuildNet each agrees agree that (a) all information communicated to it by the other and identified in writing as confidential, or disclosed orally or visually if identified as confidential at the time of disclosure and if summarized in writing and provided to the other party promptly after such oral or visual disclosure whether before or after the The date hereof, (b) all information identified as confidential to which it has access constituting part of the Deliverables in connection with its performance under this Agreementthe EDS Services, whether before or after the date hereof, and (c) this Agreement and the terms of this Agreementparties' rights and obligations hereunder, are will be and will be deemed to have been received in confidence and will be used only for purposes of this Agreement, and each of E-EDS and webMethods BuildNet agrees to use the same means as it uses to protect its own Confidential Informationconfidential information, but in no event less than reasonable means, to prevent the disclosure and to protect the confidentiality thereof. Such No such information shall collectively be referred to herein as "Confidential Information." No Confidential Information will be disclosed by the recipient party without the prior written consent of the other party; provided, however, that each party may disclose this Agreement and the other party's Confidential Information party s confidential information to those of the recipient party's attorneys, auditors, insurers (if applicable), subcontractors and full time employees who have a need to have access to such information in connection with their employment (or engagement, if applicable) by the recipient party, so long as . Compliance by each of the recipient party advises each such employee of persons referenced in the preceding sentence with the confidentiality obligations set forth in this Section 10. Compliance by each such employee with such confidentiality obligations ATTACHMENT B will remain the responsibility of the party employing or engaging such employeepersons.