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 Design/Build Contractor in the performance of services for Owner, which is not generally known to the public, shall be confidential. Design/Build Contractor shall not, beginning on the date of first association or communication between Owner and Design/Build Contractor and continuing through the term of this Agreement and any time thereafter, disclose, communicate or divulge, or permit disclosure, communication or divulgence, to another or use for Design/Build Contractor’s own benefit or the benefit of another, any such confidential information, unless required by law. Except when defined as part of the Work, Design/Build Contractor shall not make any press releases, public statements, or advertisement referring to the Project or the engagement of Design/Build 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. Design/Build Contractor shall obtain assurances similar to those contained in this subparagraph from persons, vendors and consultants retained by Design/Build Contractor. Design/Build Contractor acknowledges and agrees that a breach by Design/Build Contractor of the provisions hereof will cause Owner irreparable injury and damage. Design/Build Contractor, therefore, expressly agrees that Owner shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Agreement.