Non-Disclosure Agreement
/ 12.04.2016
V 1.0
K_VS_PU_PR_0001

between

KENDRION

Concluding location:

Kendrion

No. Street name

[Firmenadresse], State ZIP code

Country

Locations for which the agreement is also valid:

ATEibiswald, Linz
BR Sao Paulo

CHHausen
CZ Prostějov
CN Nanjing, Suzhou
DEAerzen, Engelswies, Donaueschingen, Malente, Markdorf, Villingen-Schwenningen
INPune

ITTurin
MX Mexicaltzingo
RO Sibiu

SEKristianstad

UKBradford
USMishawaka, Shelby

subsequently called KENDRION

and

SUPPLIER/CUSTOMER:

SUPPLIER company name

No. Street name

City, State ZIP code

Country

subsequently called SUPPLIER.

In consideration of the fact, that the parties intend to exchange confidential information and would like to avoid a misuse of this information, the parties agree to the following:

  1. KENDRION and SUPPLIER intend to exchange confidential information regarding to following project:

- ………….……..….. - and all following projects

  1. The parties commit themselves hereby, to handle all information, that they directly or indirectly acquire, from the respective other side, within the framework of the agreement, as confidential and only to use it in connection with the agreement described in item 1.

They safeguard themselves in particular mutually, to neither give this information to a third party, nor to make it accessible in another form to a third party and to take all necessary measures to avoid access of a third party to the information. In order to protect the information that is obtained from the respective other party, the parties will take measures to at least protect their own company secrets.

  1. Information in the sense of item 2 are in particular:
  • Drawings, photos, characteristic curves, datasheets, etc.
  • Samples (e.g. magnets, valves, assembly groups, systems, individual parts etc.)
  • Information regarding the company (like turnovers, products, procedures etc.) in any form (electronic, written, oral, etc.)
  • Know-how as well as findings, that will be gained or used within the framework of the agreement
  • Goals and ideas for the carrying out of the agreement
  • Other not publicly available information, that the parties acquire about the other respective parties within the framework of the project
  1. The information remains the intellectual property of the disclosing contracting party. Licenses or other rights, regardless of which type, will not be granted by this agreement. A liability for the relinquished information will not be assumed.
  1. The duty to observe the secrecy of this agreement extends to the all party employees and party agents without consideration of the type and legal embodiment of the cooperation. The parties commit themselves to provide information only to employees and agents that are part of the contract. These persons are not deemed third parties in the sense of item 2 of this agreement.
  1. The duty to observe the secrecy of this agreement also extends to conditions of the agreement described in item 1. All of the information described in cipher 4 and information relinquished in physical form from the other party as well as all copies of this information must be given back according to conditions of the agreement.
  1. The duty to observe the secrecy cease to exist, if the relevant information can demonstrably be found out or be known otherwise. The duty to observe secrecy does not consists any further if the party that has made the information available has agreed in writing to disclose the information.
  1. The parties are aware that the breach of this agreement as far as company secrets and business secrets are concerned can consequently result in prosecution. The violation of the obligations of this agreement leads furthermore to obligations to compensate for damages that arise out of the breach of this agreement.
  2. This agreement becomes effective with its signing and is valid for a period of 15 years. Any existing obligations at the time of the contract expiration are valid for the duration of 5 more years after the contract’s expiration.
  1. All changes and additions to this agreement must be in written form in order to be legally effective. This form requirement can only be waived in written form.
  1. This agreement is in accordance with the law of the country of the ordering KEDRION location. Exclusive jurisdiction of litigation under this agreement is the seat of KENDRION.

Kendrion

[Firmenadresse], dated 2 November 2018 ______

(Company Stamp and Signature)

SUPPLIER company name

City, dated ______

(Company Stamp and Signature)

(Firmenstempel und Unterschrift)

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