Template:IETA Master Agreement 15
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15 Confidentiality
15.1 The Parties shall treat the terms of this Agreement and all information provided under or in connection with it, including the financial statements provided under Clause 4.3 (Provision of Annual Reports) (collectively, “Confidential Information”) as confidential and may not either disclose Confidential Information or use it other than for bona fide purposes connected with this Agreement without the prior written consent of the other Party, except that consent is not required for disclosure to:
- 15.1(a) directors, employees or Affiliates of a Party, as long as they in turn are required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this Clause 15;
- 15.1(b) persons professionally engaged by a Party, as long as they in turn are required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this Clause 15;
- 15.1(c) the extent required by any government department or agency or regulatory authority having jurisdiction over that Party (including the Relevant Authority);
- 15.1(d) any bank, other financial institution or rating agency to the extent required in relation to the financing of a Party’s business activities, as long as the bank or other financial institution or rating agency, as the case may be, is required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this Clause 15;
- 15.1(e) the extent required by any applicable laws, judicial process or the rules and regulations of any regulated market or recognised stock exchange;
- 15.1(f) any intending assignee of the rights and interests of a Party under this Agreement or under a Transaction or to a person intending to acquire an interest in a Party or that Party’s Affiliate holding company as long as the intending assignee or acquirer in turn is required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this Clause 15;
- 15.1(g) the extent that the Confidential Information is in or lawfully comes into the public domain other than by breach of this Clause 15; or
- 15.1(h) price reporting agencies for the calculation of an index as long as the identity of the other Party is not revealed. It must also be a precondition of the disclosure agreement between a Party and the price reporting agency that only the price is released by the price reporting agency and not the identity of either Party.
15.2 This Clause 15 will continue to bind the Parties after the date of termination of this Agreement for a period of two (2) years.