This Non Disclosure Declaration (hereinafter referred to as the “Declaration”) is issued
BY
XXXXX which shall be referred hereinafter as "Tenderer”, a company organized and existing under the Laws of <Country>, with place of business at <address>
.
Towards
DFS Deutsche Flugsicherung GmbH, which shall be hereinafter referred to as “DFS”, a company organized and existing under the Laws of Germany, with place of business at Am DFS-Campus 10, 63225 Langen, Germany.
AND
Luchtverkeersleiding NederlandStationsplein, which shall be hereinafter referred to as “LVNL”, a company organized and existing under the Laws of the Netherlands, with place of business at Zuid-West 1001, Schiphol1117, CV Netherlands
(XXXXX and DFS and LVNL hereinafter collectively referred to as the "Parties.)
(DFS and LVNL hereinafter collectively referred to as the "Customers”)
PREAMBLE
WHEREAS The customers launched a call for tender for the common procurement of DVOR systems. The tender documents are declared confidential by the customers. Therefore in order to get the tender documents the tenderer has to sign this non disclosure declaration.
1. In this Declaration the following terms shall have the meanings set forth below:
a) “Confidential Information" shall mean all tender documents for the common procurement of DVOR systems.
b) “Permitted Purpose” shall mean for the tendereing in the common procurement of DVOR systems.
2. From the date of receipt by the tenderer of an item of the Confidential Information, the tenderer undertakes:
a) to keep confidential and to use its utmost diligence to guard and protect the Confidential Information of the customers;
b) not to use such Confidential Information otherwise than for the Permitted Purpose;
c) not to disclose the Confidential Information in whole or in part to any other person or third party besides to subcontractors in the common procurement of DVOR systems and members of a consortia which is formed to tender for the common procurement of DVOR systems.
d) If the tenderer passes the Confidential Information to subcontractors and/or members of a consortia he is obliged to demand corresponding non disclosure declarations from them.
3. This declaration shall be governed, interpreted and construed in accordance with the Law of the Federal Republic of Germany.
4. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such invalidity, unenforceability or illegality shall not affect the other provisions of this Agreement which will remain in full force and effect. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to make it valid, enforceable or legal.
By and on behalf of
XXXXX
By:
Name:
E-Mail:
Date:
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