Common use of SECRET Clause in Contracts

SECRET. Section 7.01. Each of the Parties undertakes to keep the Confidential Information secret for the duration of the Agreement and for a period of [**] after its termination or expiry. Each Party undertakes not to protect in the Field of Use, in any way whatsoever, all or part of the Confidential Information transmitted by the other Party, in particular by filing a patent application, and not to use them for any purpose other than those set out in Article 1, without the prior written consent of the latter. The Parties will ensure that their personnel and any person attached to their service in any capacity whatsoever are also be bound by this duty of confidentiality. The Parties hereby agree that any disclosure by the Company to a third party of any Confidential Information related to the invention protected by the Patent will be preceded by the signing of a confidentiality agreement with similar terms and conditions to those of this Article. The confidentiality agreements to which the Parties are bound pursuant to this Article shall not apply to information for which the receiving Party can prove: (a) that it was disclosed to them by mutual agreement between the Parties, or that the disclosure was previously made by the Owning Party; (b) that they were already in the public domain at the moment they were communicated by the other Party, or that they entered it after this communication through no fault of the recipient Party; (c) that they were lawfully received from a third party without breaching the confidentiality obligations contained in this article; (d) that, on the date of their communication by the owning Party, they were already in its possession; (e) that their disclosure has been imposed by the application of a mandatory legal or regulatory provision or by the application of a final court decision or an arbitration award. Section 7.02. This article cannot prevent the Company from sharing documents for the purpose of promoting the marketing of the Products in compliance with the conditions set out in this Agreement.

SECRET. Section 7.01. Each of the Parties undertakes to keep the Confidential Information secret for the duration of the Agreement and for a period of [**] after its termination or expiry. Each Party undertakes not to protect in the Field of Use, in any way whatsoever, all or part of the Confidential Information transmitted by the other Party, in particular by filing a patent application, and not to use them for any purpose other than those set out in Article 1, without the prior written consent of the latter. The Parties will ensure that their personnel and any person attached to their service in any capacity whatsoever are also be bound by this duty of confidentiality. The Parties hereby agree that any disclosure by the Company to a third party of any Confidential Information related to the invention protected by the Patent will be preceded by the signing of a confidentiality agreement with similar terms and conditions to those of this Article. The confidentiality agreements to which the Parties PARTIES are bound pursuant to this Article shall not apply to information for which the receiving Party can prove: (a) that it was disclosed to them by mutual agreement between the Parties, or that the disclosure was previously made by the Owning Party; (b) that they were it was already in the public domain at the moment they were time it was communicated by the other PartyParty or the Co-Owner, or that they it entered it the public domain after this communication through no fault of the recipient Party; (c) that they were lawfully received from a third party without breaching the confidentiality obligations contained in this article; (d) that, on the date of their communication by the owning Party, they were already in its possession; (e) that their disclosure has been imposed by the application of a mandatory legal or regulatory provision or by the application of a final court decision or an arbitration award. Section 7.02. This article cannot prevent the Company from sharing documents for the purpose of promoting the marketing of the Products in compliance with the conditions set out in this Agreement.