Common use of Proprietary Interests Clause in Contracts

Proprietary Interests. All information owned, possessed, or used by Owner which is communicated to, learned, developed, or otherwise acquired by Construction Manager in the performance of services for Owner, which is not generally known to the public, will be confidential. Construction Manager will not, beginning on the date of first association or communication between Owner and Construction Manager and continuing through the term of this Contract and any time thereafter, disclose, communicate or divulge, or permit disclosure, communication or divulgence, to another or use for Construction Manager’s own benefit or the benefit of another, any such confidential information, unless required by law. Except when defined as part of the Work, Construction Manager will not make any press releases, public statements, or advertisement referring to the Project or the engagement of Construction Manager as an independent Contractor of Owner in connection with the Project, or release any information relative to the Project for publications, advertisement, or any other purpose without the prior written approval of Owner. Construction Manager will obtain assurances similar to those contained in this Subsection from persons, vendors, and consultants retained by Construction Manager. Construction Manager acknowledges and agrees that a breach by Construction Manager of the provisions hereof will cause Owner irreparable injury and damage. Therefore, Construction Manager expressly agrees that Owner will be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Contract.

Appears in 2 contracts

Samples: contracts.hhs.texas.gov, contracts.hhs.texas.gov

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Proprietary Interests. All information owned, possessed, or used by Owner which is communicated to, learned, developed, or otherwise acquired by Construction Manager Contractor in the performance of services for Owner, which is not generally known to the public, will be confidential. Construction Manager Contractor will not, beginning on the date of first association or communication between Owner and Construction Manager Contractor and continuing through the term of this Contract and any time thereafter, disclose, communicate or divulge, or permit disclosure, communication or divulgence, to another or use for Construction ManagerContractor’s own benefit or the benefit of another, any such confidential information, unless required by law. Except when defined as part of the Work, Construction Manager Contractor will not make any press releases, public statements, or advertisement referring to the Project or the engagement of Construction Manager Contractor as an independent Contractor of Owner in connection with the Project, or release any information relative to the Project for publications, advertisement, or any other purpose without the prior written approval of Owner. Construction Manager Contractor will obtain assurances similar to those contained in this Subsection from persons, vendors, and consultants retained by Construction ManagerContractor. Construction Manager Contractor acknowledges and agrees that a breach by Construction Manager Contractor of the provisions hereof will cause Owner irreparable injury and damage. Therefore, Construction Manager Contractor expressly agrees that Owner will be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Contract.

Appears in 2 contracts

Samples: contracts.hhs.texas.gov, contracts.hhs.texas.gov

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