11. Use of Documents and Information from AGPLUS

  1. The Contractor shall not disclose the Contract or any term thereof to any person other than a person employed by the Contractor in the performance of the Contract or any subcontractor, supplier or other person concerned with the performance of the Contract. Such disclosure shall be made in confidence and shall only extend as far as is necessary for the purpose of the performance of the Contract.
  2. The Contractor shall not make use of the Contract or any information issued or furnished by or on behalf of AGPLUS otherwise than for the purpose of the performance of the Contract. Save as provided for in Clause (3) of this Condition, the Contractor shall not make any article (or part thereof) similar to the Articles for any other purpose.
  3. Subject to any rights of third parties, nothing in this Condition shall prevent the use for any purpose by the Contractor of any specifications, plans, drawings and other documents, the rights in which vest in the Contractor otherwise than as a result of work carried out under the Contract.
  4. Any samples, patterns, specifications, plans, drawings, or other documents issued by or on behalf of AGPLUS for the purpose of the performance of the Contract shall remain the property of AGPLUS. The Contractor shall return the same to AGPLUS on completion or earlier termination of the Contract.

12. Confidentiality

  1. The Contractor shall treat as confidential and shall not disclose to any third party:
    1. all information provided by AGPLUS to the Contractor for the performance of the Contract, and
    2. the Arising Results, except that the Contractor may disclose the said information and the Arising Results to any person employed by the Contractor in the performance of the Contract and any subcontractor, supplier or other person concerned with the performance of the Contract. Such disclosure shall be made in confidence and shall only extend as far as is necessary for the purpose of the performance of the Contract.
  2. The Contractor shall take all necessary precautions to ensure that all such information is treated as confidential by the Contractor’s employees, agents and subcontractors.
  3. AGPLUS shall treat as confidential all unpublished information that is produced by the Contractor outside the Contract and that is made available to AGPLUS during the performance of the Contract.
  4. This Condition shall apply during the performance of the Contract and after the completion or earlier termination of the Contract.
  5. This Condition shall not apply to any information that either Party can show
    1. was at the time of receipt in the public domain or subsequently became part of the public domain through no breach of the Contract;
    2. was already in the receiving Party’s possession at the time of receipt and was not acquired directly or indirectly from the disclosing Party; or
    3. was lawfully acquired by the receiving Party from others who had full rights to disclose it to the receiving Party.

13. Publicity

  1. AGPLUS shall not issue press releases or other forms of publicity concerning the supply of the Articles to AGPLUS or the performance of the Services for AGPLUS without prior consultation with the Contractor if the name of the Contractor is mentioned in such press releases or other forms of publicity.
  2. Unless otherwise agreed in writing with AGPLUS, the Contractor, shall not issue (and shall be responsible for ensuring that the Contractor’s employees, agents and subcontractors do not issue) any press releases or other forms of publicity concerning the supply of the Articles to AGPLUS or the performance of the Services for AGPLUS.