Common use of Drawings and Data Clause in Contracts

Drawings and Data. With respect to articles for which any technical information, written, oral or otherwise, i) has been supplied to Seller by or on behalf of Buyer; or ii) Seller has designed at Buyer’s expense; or iii) Seller has designed specifically to meet Buyer-furnished technical requirements (hereinafter designated "Information"), Seller, in consideration of Buyer’s furnishing of such information and/or design funding, agrees that it will not use, or assist others in using, such information, design funding or tooling to develop (including obtaining a Parts Manufacturing Approval (PMA) from the Federal Aviation Administration (FAA) pursuant to Part 21.303 of the Federal Aviation Regulations (FAR) or sell such articles (or similar interchangeable or substitute articles, or parts thereof) to anyone other than Buyer, either as production, spare or repaired articles, without Buyer’s prior written consent, except as provided in Paragraph C. below. Seller shall not use or disclose such information except in the performance of orders for Buyer, and, upon ▇▇▇▇▇’s request, such information and all copies thereof shall be returned to Buyer. If ▇▇▇▇▇▇ develops, seeks a PMA or sells the articles hereunder, or assists others in doing so, (or similar interchangeable or substitute articles, or parts thereof) to anyone other than Buyer, the burden shall be on Seller to establish that Buyer’s Information, funding or tooling was not used.