In the
construction field, the NDA is an agreement between Employer and Contractor. To
this agreement, Employer (Refer to Discloser and Recipient) and Contractor
(Refer to Discloser and Recipient) agree
- to
disclose and receive Confidential Information.
- to
maintain the Confidential Information in the strictest confidence and will not
disclose any of the Confidential Information of the Discloser to any third
party without the Discloser's prior written permission.
- not to
make use of the Confidential Information other than for the purpose of
evaluating and facilitating the proposed project.
- not
make any public announcement or comment in relation to the Confidential
Information or the Purpose, without the prior written consent of the other
party.
Note:
For
purposes of this Agreement, “Confidential Information” shall means any
data or information used for the purpose of evaluating and feasibility
assessment of the proposed Project, whether in tangible form (e.g., in writing
or in the form of samples or prototypes) or intangible form (e.g., orally or
visually), in whatever medium provided, whether unmodified or modified by the
Recipient, whenever and however disclosed, including Information, documents,
drawings, software and materials:-
(a)
prepared or developed by, through or on behalf of the Employer, and the
Consultants for the proposed project and the works; and
(b)
disclosed, prepared or otherwise made accessible by the Works whether before,
on or after the Tender Submission, Deadline (which term is defined in the
Conditions of Tendering) including, but not limited to the Employer‟s
proprietary, commercial, technical and operational information, business and
marketing plans, trade secrets, know-how, customers, suppliers,studies,
reports, analysis, computer programs and programming methods, designs,
specifications, plans, drawings, and similar materials, procedures, methods,
formulations, facilities, products, affairs, transactions, business
connections, databases, research and development and work in progress.
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