Use and Confidentiality Clause Samples

Use and Confidentiality. Except as otherwise agreed in writing by Metabolix, the Recipient shall not use Metabolix's Confidential Information for any purpose other than the Purpose described above. The Recipient shall use the same degree of care to preserve the confidentiality of Metabolix's Confidential Information as he employs with respect to his own Confidential Information, but no less than a reasonable amount of care. The Recipient shall not divulge, in whole or in part, to any third party any of Metabolix's Confidential Information or the fact that discussions may be occurring between the Recipient and Metabolix or any of the terms of this Agreement without the prior written consent of Metabolix, except to the Recipient's professional advisors and attorneys (together, "Representatives") who reasonably require knowledge of such Confidential Information. The Recipient shall inform his Representatives of the confidential nature of such Confidential Information, shall cause his Representatives to treat the Confidential Information confidentially, and shall be responsible for a breach of this agreement by his Representatives. Notwithstanding the foregoing, in the event that the Recipient or any of his Representatives receive a request or are required by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process to disclose Confidential Information, the Recipient shall, and shall cause his Representatives to, (a) promptly notify Metabolix of the existence, terms and circumstances surrounding such request, (b) consult with Metabolix on the advisability of taking legally available steps to resist or narrow such request, and (c) assist Metabolix, at its expense, in seeking a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained or that Metabolix waives compliance with the provisions hereof, the Recipient or any of his Representatives, as the case may be, may disclose to any tribunal only that portion of the Confidential Information which the Recipient or his Representatives are advised by counsel is legally required to be disclosed, and the Recipient and his Representatives shall exercise reasonable best efforts to obtain assurance that confidential treatment will be accorded such Confidential Information .

Use and Confidentiality. Each of Client and ABC will use the other’s Confidential Information only in connection with discussions about the Relationship and will keep it confidential, [using at least the same degree of care used to protect its own confidential information]. Each of Client and ABC will disclose the other’s Confidential Information only to its officers, directors, employees, agents, consultants, and affiliates, if any, who need access to the information for the purposes contemplated by this Agreement (each an “Authorized Person”). Authorized Persons will be subject to, and the receiving party will be responsible for ensuring that they comply with, the terms of this Agreement. [The receiving party will promptly notify the disclosing party upon discovery of any loss or unauthorized disclosure of the disclosing party’s Confidential Information.]

Use and Confidentiality. All of the other party’s non-public information, data, images and schematics, records, trade secrets, know how, books and other intellectual property rights to which each party and/or their respective representatives are given access as set forth above will be used by such party solely for the purpose of analyzing the Acquisition and will be treated on a strictly confidential basis by the recipient party. The terms, conditions and existence of this Letter of Intent and all discussions between the parties will also be treated on a confidential basis, subject to appropriate disclosure to regulatory authorities and as otherwise required by applicable laws and regulations. The parties shall execute a non-disclosure agreement concurrently with this Letter of Intent.

Use and Confidentiality. 15.1 All information and material disclosed by one Party to the other during the term of this Agreement, including the terms and conditions of this Agreement and all further discussions between the Parties with respect hereto (hereinafter the "Confidential Information"), shall be used solely for the purposes of this Agreement and will be treated on a confidential basis, subject to appropriate disclosure as may be required by applicable law or judicial process.

Use and Confidentiality. Each Party will use the other’s Confidential Information only for the specific purpose of considering, evaluating, and negotiating a possible Transaction and will keep it confidential, using at least the same degree of care used to protect its own confidential information.

Use and Confidentiality. 16 16 TRAINING, INSTALLATION, MAINTENANCE AND SUPPORT........................ 17 17 ANNOUNCEMENTS.......................................................... 17 18 TERM................................................................... 17 19

Use and Confidentiality. (a) All of the information. records, books and data to which each party and/or their respective representatives are given access as set forth above will be used by such party solely for the purpose of analyzing the other party hereto and will be treated on a confidential basis. The terms, conditions and existence of this Agreement anu all further discussions between the parties will also be treated on a confidential basis, subject to appropriate disclosure to regulatory authorities and as otherwise required by the rules of any regulatory authorities. (b) CIM possesses valuable proprietary information, including but not limited to, all written or computer-generated information, know-how, ideas, concepts. maps, assay results. engineering reports, geological reports, metalurgical reports, geological models, owned or optioned mineral tenures, areas of potential mineral value (claimed, optioned or otherwise). data, plans, operating, performance and cost reformation and data, drawings, designs, processes, schedules, documentation, specifications, construction plans, contact lists, business plans, potential mine and milling plans and applications, geological models, and other general information relating to, its subsidiaries, affiliates, related parties and the business, finances, properties, exploration and development work, seNices (including, without limitation, any other written reports, computer diskettes and other software) related to, its subsidiaries, affiliates and related parties. (c) All such confidential or proprietary information and all other record bearing media containing or disclosing such mformation and techniques and any documents, analyses, compilations, forecasts or studies prepared on the basis of such confidential information, including notes taken from verbal information exchanges, which are directly or indirectly disclosed by CIM to TIXP are hereinafter referred to as the "Confidential Information." (d) TIXP shall keep confidential and not publish, disseminate, distribute, disclose, sell, assign, copy, commercially exploit, or otherwise make use of any Confidential Information (whether obtained through meetings, discussions or any other exchange of information between the parties) to or for the use or benefit of TIXP or any other person, firm, corporation or entity, except as specifically approved in writing by CIM or as required for evaluation of the business

Use and Confidentiality. All of the information, records, books, and data to which the parties are given access as set forth herein shall be used by the parties solely for the purpose of confirming the representations and warranties set forth herein. Subject to any obligation to comply with (i) any law (ii) any rule or regulation of any authority or securities exchange of (iii) any subpoena or other legal process to make information available to the persons entitled thereto, whether or not the transactions contemplated herein shall be concluded, all information obtained by any party about the other, and all of the terms and conditions of this Agreement, shall be kept in confidence by each party, and each party shall cause its shareholders, directors, trustees, officers, employees, agents and attorneys to hold such information confidential. Such confidentiality shall be maintained to the same degree as such party maintains its own confidential information and shall be maintained until such time, if any, as any such data or information either is, or becomes, published or a matter of public knowledge; provided, however, that the

Use and Confidentiality. Participant will use Confidential Information only in connection with performing the Services under this Agreement and will keep it confidential. Participant will immediately notify PROTECT upon discovery of any loss or unauthorized disclosure of the Confidential Information. In addition, Participant will not disclose to any third party, or use for other clients or other third parties, any product resulting from the Services (a “Deliverable”), whether or not such Deliverable contains or reflects Confidential Information. All notes, reference materials, memoranda, documentation, and records in any way incorporate or reflecting any Confidential Information shall belong exclusively to PROTECT and will turn over all copies of such materials to PROTECT.