2. OBLIGATIONS OF THE PARTIES CONCERNED
2.1. Parties acknowledge their understanding of the importance of the contractual settlement of the trade secret regime and agree to assume the following responsibilities:
2.1.1. From the date this Agreement shall have effect, The Recipient party hereby undertakes:
2.1.1.1. do not disclose the confidential information, received from The disclosing Party, in whole or in part to any third party, including public authorities, enterprises, institutions, organizations of all forms of ownership and subordination, and will not use such information for its own benefit, except for the use such information in accordance with the objectives set out in item 1.1.2. of this Agreement. This obligation will be in force кількість років дії договору після закінчення
years upon termination of this Agreement.
2.1.1.2. maintain the same degree of secrecy in order to avoid disclosing or using this information by other persons, the degree which the recipient Party would reasonably adhered to their own confidential information of a similar degree of importance.
2.1.2. The Recipient undertakes to take all necessary measures to maintain confidential information, including:
2.1.2.1. to provide access to confidential information to a limited number of employees, and only to those employees who directly use the information in connection with the execution of their duties, having previously received written commitment from those employees to not disclose information constituting confidential information (as under the time of performance of their respective production functions, and in the event of their dismissal from work, or suspension of the order of The disclosing Party) and notify in writing on criminal, administrative or civil liability for the disclosure of trade secret and confidential information. The responsibility to The disclosing Party for breach of confidentiality conditions by such employees will be the responsibility of the Recipient
2.1.2.2. The Recipient is required to provide a list of employees who will use the such of information for production needs,
2.1.2.3. Prohibit the use of knowledge in relevant agreements (contracts) gained during the period of dealing with confidential information by their employees for a period of five years after dismissal;
2.1.2.4. register their employees' access to confidential information and provide to the fifth day of the each month of such information, which should include the employee's last name, the materials with which he or she was acquainted, a thorough confirmation of the need to familiarize themselves, the date and time of their receipt and return of relevant materials;
2.1.2.5. do not to make copies of documents more than is necessary for the performance of their duties, to ensure accurate records of all copies and places where they are stored and to destroy copies, if needed;
2.1.2.6. ensure the protected processing of confidential information by technical means which are not connected to the Internet and accessible only to authorized users;
2.1.2.7. provide reliable storage of information that will not allow access to it by unauthorized persons, including during working hours;
2.1.2.8. assign persons responsible for the development and practical implementation of confidentiality measures;
2.1.2.9. Upon written inquiry (which can be made at any time )of the Disclosing Party, The Recipient is obliged:
- in case if the holders of the confidential information are the property of the Recipient - to destroy the confidential information from such media or the media drive themselves to the extent that it could not be possible to recover:
- in case if the holders of the confidential information are the property of the Disclosing Party - ensure that all such media drives are returned. In every such case, the Recipient is obliged to inform the Disclosing Party of the fulfillment of its obligations in written form.
The term of execution term of the obligations under this item by the Recipient is 10 days from the moment of filing a request the Disclosing Party.
2.1.2.10. do not induce any other persons to divulge confidential information, for whom such information is known for any kind of reason.
2.1.3. In case if it is needed to disclose information to third parties, or in the case of receipt of a request (in writing, oral, by e-mail) for information which is a trade secret and confidential information from contractors, clients and any public authorities, the Recipient is obliged to:
а) need to determine from the counterparty, client or representative of public authority the need to obtain such information (what the request is related to; the amount of information to be contained in the response);
б) immediately notify the Disclosing Party about such request
в) obtain the consent of the Disclosing Party to provide such information (in writing or by email);
г) agree with the Disclosing Party the content and the amount of information to be provided;
ґ) in case of the requested of law enforcement authority send a copy of such request to the Disclosing Party and receive appropriate instructions for the specific request. To respond to a request only with the written consent of the Disclosing Party, except where failure to comply with such obligation, under applicable law, is the basis for bringing The Recipient to administrative or criminal liability.
2.1.4. The Recipient upon the termination of this Agreement or in the event of reorganization or liquidation undertakes to return immediately all confidential information received and copies made from it.
2.1.5. The Recipient in case of discovering facts which indicate the awareness of third parties about the confidential information shall report to the Disclosing Party, even if such information is not the result of a breaching of the terms of this Agreement by The Recipient, as soon as possible, but not later than 5 (five) days after detection.
2.1.6. The Disclosing Party reserves the right to analyze the confidential information measures taken by the Recipient. In case of refusing to provide information on measures for the protection of confidential information or detection of insufficient measures taken to protect confidential information, The Disclosing Party shall have the right to refuse to provide confidential information or terminate the Agreement ahead of schedule.