Common use of GENERAL Clause in Contracts

GENERAL. 16.1 It is understood by the Parties that this Agreement does not constitute a license to use the Confidential Information, nor does this Agreement grant or confirm any rights of use under any patent or patentable right, copyright, trademark or other proprietary right. The disclosure of Confidential Information and materials shall not result in any obligation to grant the Tenderer/Bidder any rights therein. 16.2 Nothing in this Agreement is intended to compel or require the disclosure of Confidential Information by the Employer to the Tenderer/Bidder, whether requested or not by the Tenderer/Bidder, and the Employer shall be entitled at its discretion to decline to supply to the Tenderer/Bidder such required information. 16.3 The Tenderer/Bidder acknowledges that the Confidential Information is and shall remain the sole and exclusive property of the the Employer. The Tenderer/▇▇▇▇▇▇ further agrees that the Confidential Information is considered by the Employer to be trade secret involving processes, know-how and compilations of information that is secret, confidential and not generally known to the public and which is a result of an expenditure of the Employer’s time, effort, money and creative skills. 16.4 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver or it, not will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under this Agreement or otherwise. No waiver of any term or condition to this Agreement shall be effective unless made in writing and any amendments to this Agreement shall only be effective if agreed in writing and signed by both Parties. 16.5 Each provision of this Agreement (including each undertaking and each part of it) shall be construed separately and independently from each other and, notwithstanding that such provision and/or undertaking (or part of it) may prove to be illegal or unenforceable, the remaining provisions and undertakings of this Agreement shall continue in full force and effect. 16.6 This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Courts of Malaysia shall have the jurisdiction over any matter arising from this Agreement. 16.7 The Tenderer/Bidder shall bear their own cost incidental to the preparation and completion of this Agreement. Any stamp duties imposed pursuant to this Agreement shall be borne and paid by the Tenderer/Bidder. 16.8 Nothing contained shall be constructed to imply a partnership, joint venture, principal/agent or an employer /employee relationship between the Parties and neither Party have any right, power or authority to create any obligation, express or implied on behalf of the other. This CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (“Agreement”) is made this………….day of 20…… …A…B…C…S…DN……BH…D……………………………………………………………………………………… …………………………………………………………………………………………………………... [Name of Tenderer/Bidder] (Company No…5…1…40…87…-X……………………………………….) of …N…O…. 1…1-…3A…-0…7,…M…EN…A…R…A …EM…A…S,…J…AL…A…N …BA…H…A…GI…A …3/3…, …SE…K…SY…E…N …3, …………………....... …4…00…00…S…H…AH…A…L…AM…,…SE…L…AN…G…O…R…DA…R…U…L E…H…S…AN…. …………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… [ Address ], (“Tenderer/Bidder”), Tenderer/ Bidder to complete Airports Corporate Office, Persiaran Korporat KLIA, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, Malaysia. (“the Employer”) individually, as a “Party”, collectively, as the “Parties”. The Parties hereby agree as follows:

GENERAL. 16.1 It is understood by the Parties that this Agreement does not constitute a license to use the Confidential Information, nor does this Agreement grant or confirm any rights of use under any patent or patentable right, copyright, trademark or other proprietary right. The disclosure of Confidential Information and materials shall not result in any obligation to grant the Tenderer/Bidder any rights therein. 16.2 Nothing in this Agreement is intended to compel or require the disclosure of Confidential Information by the Employer to the Tenderer/Bidder, whether requested or not by the Tenderer/Bidder, and the Employer shall be entitled at its discretion to decline to supply to the Tenderer/Bidder such required information. 16.3 The Tenderer/Bidder acknowledges that the Confidential Information is and shall remain the sole and exclusive property of the the Employer. The Tenderer/▇▇▇▇▇▇ further agrees that the Confidential Information is considered by the Employer to be trade secret involving processes, know-how and compilations of information that is secret, confidential and not generally known to the public and which is a result of an expenditure of the Employer’s time, effort, money and creative skills. 16.4 No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver or it, not will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under this Agreement or otherwise. No waiver of any term or condition to this Agreement shall be effective unless made in writing and any amendments to this Agreement shall only be effective if agreed in writing and signed by both Parties. 16.5 Each provision of this Agreement (including each undertaking and each part of it) shall be construed separately and independently from each other and, notwithstanding that such provision and/or undertaking (or part of it) may prove to be illegal or unenforceable, the remaining provisions and undertakings of this Agreement shall continue in full force and effect. 16.6 This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Courts of Malaysia shall have the jurisdiction over any matter arising from this Agreement. 16.7 The Tenderer/Bidder shall bear their own cost incidental to the preparation and completion of this Agreement. Any stamp duties imposed pursuant to this Agreement shall be borne and paid by the Tenderer/Bidder. 16.8 Nothing contained shall be constructed to imply a partnership, joint venture, principal/agent or an employer /employee relationship between the Parties and neither Party have any right, power or authority to create any obligation, express or implied on behalf of the other. This CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (“Agreement”) is made this………….day this ………. day of 20…… …A…B…C…S…DN. MALAYSIA AIRPORTS SDN BHD (Company No. 230646-U) of Malaysia Airports Corporate Office, Persiaran ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Malaysia. (“the Employer”) ……BH…D…………………………………………………………………………………………………………………… …………………………………………………………………………………………………………... [Name of Tenderer/Bidder] (Company No…5…1…40…87…-X……………………………………………………….) of …N…O…. 1…1-…3A…-0…7,…M…EN…A…R…A …EM…A…S,…J…AL…A…N …BA…H…A…GI…A …3/3…, …SE…K…SY…E…N …3, …………………....... …4…00…00…S…H…AH…A…L…AM…,…SE…L…AN…G…O…R…DA…R…U…L E…H…S…AN…. ……………………………………………………………………………………………………... …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… …………………………………………………………………………………………………………… [ Address ], (“Tenderer/Bidder”), Tenderer/ Bidder to complete Airports Corporate Office, Persiaran Korporat KLIA, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, Malaysia. (“the Employer”) individually, as a “Party”, collectively, as the “Parties”. The Parties hereby agree as follows: