Common use of Data and Confidentiality Clause in Contracts

Data and Confidentiality. 12.7.1 All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person, firm or corporation for the design or manufacture of any products, articles, compositions of matter, or processes, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except the Representative and as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any modifications, spare parts, design or configuration changes, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in part, any existing notice or legend shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the control, repair, operation, use, sale, leasing, overhaul or maintenance by Purchaser and the Representative of the Aircraft. Purchaser shall be responsible for and take all steps necessary to insure compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft, the Spares and the AFCS purchased under the Transaction Documents, or give to Purchaser a license under any patents or rights owned or controlled by Purchaser. 12.7.2 This Agreement contains information specifically for Seller and Purchaser, and nothing herein contained shall be divulged by Seller or Purchaser, nor shall any Data provided by Seller hereunder be divulged by Purchaser, to any third party without the prior written consent of the other party hereto; except (i) to the extent required by law or to enforce this Agreement; and (ii) to the extent necessary for disclosure to both parties’ respective regulators, insurers, accountants, legal counsel, technical advisors, the Representative or other professional advisors for whom each party hereto shall be responsible for, and take all steps necessary to insure, compliance by those persons with this Clause.

Data and Confidentiality. 12.7.1 All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person, firm person or corporation entity for the design or manufacture of any products, articles, compositions of matter, or processesprocesses or otherwise to compete with Seller in any way, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except the Representative and as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any repairs, modifications, spare parts, design designs or configuration changeschanges to or related to the Aircraft, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in partpart of any Data, any existing notice or legend legend, including notices and legends identifying the confidential or proprietary nature of such Data, shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the control, repair, operation, use, sale, leasing, overhaul or maintenance by Purchaser and the Representative of the AircraftAircraft for its own use; except that all repairs or repair processes that require substantiation will be the subject of a separate license and substantiated repair agreement between Seller and Purchaser. Purchaser shall be responsible for for, and take all steps necessary to insure insure, compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft, Aircraft purchased hereunder or to use Data to develop any repair for the Spares and the AFCS purchased under the Transaction Documents, Aircraft or give to Purchaser a license under any patents or rights owned or controlled by Purchaser. 12.7.2 This . The content of this Agreement contains information specifically for Seller is confidential and Purchaser, and nothing herein contained neither party shall be divulged by Seller publicize the existence or Purchaser, nor shall any Data provided by Seller hereunder be divulged by Purchaser, to any third party content of this Agreement without the prior written consent of the other party hereto; party, except (i) to the extent required by law or to enforce this Agreement; and or (ii) to the extent necessary for disclosure to both parties’ respective regulators, insurers, accountants, legal counsel, technical advisors, the Representative counsel or other professional advisors advisors, for whom each party hereto shall be responsible for, and to take all steps necessary to insure, insure compliance by those persons with this Clause.

Data and Confidentiality. 12.7.1 14.7.1 All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person, firm person or corporation entity for the design or manufacture of any products, articles, compositions of matter, or processesprocesses or otherwise to compete with Seller in any way, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except the Representative and as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any repairs, modifications, spare parts, design designs or configuration changeschanges to or related to the Aircraft, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in partpart of any Data, any existing notice or legend legend, including notices and legends identifying the confidential or proprietary nature of such Data, shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the control, repair, operation, use, sale, leasing, overhaul or maintenance by Purchaser and the Representative of the AircraftAircraft for its own use; except that all repairs or repair processes that require substantiation will be the subject of a separate license and substantiated repair agreement between Seller and Purchaser. Purchaser shall be responsible for for, and take all steps necessary to insure insure, compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft, Aircraft purchased hereunder or to use Data to develop any repair for the Spares and the AFCS purchased under the Transaction Documents, Aircraft or give to Purchaser a license under any patents or rights owned or controlled by Purchaser. 12.7.2 14.7.2 This Agreement contains information specifically for Data shared exclusively between Seller and Purchaser, and nothing herein contained shall be divulged by Seller or Purchaser, nor shall any Data provided by Seller hereunder be divulged by Purchaser, Purchaser to any third party without the prior written consent of the other party hereto; except (i) to the extent required by law or to enforce this Agreement; and (ii) to the extent necessary for disclosure to both parties’ respective regulators, insurers, accountants, legal counsel, technical advisors, the Representative counsel or other professional advisors for whom each party hereto shall be responsible for, and to take all steps necessary to insure, insure compliance by those persons with this Clause.