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Procedure for assessing the acceptability, in principle, of vaccines ...

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Appendix 5 Confidentiality agreement<br />

71<br />

WHO/BS/10.2155<br />

Page 71<br />

Provisions <strong>for</strong> team members participat<strong>in</strong>g <strong>in</strong> WHO missions to assess/reassess <strong>the</strong><br />

<strong>acceptability</strong>, <strong>in</strong> pr<strong>in</strong>ciple, <strong>of</strong> vacc<strong>in</strong>es <strong>for</strong> purchase by United Nations agencies<br />

In <strong>the</strong> course <strong>of</strong> discharg<strong>in</strong>g your functions as an expert adviser under this Agreement,<br />

you will ga<strong>in</strong> access to certa<strong>in</strong> <strong>in</strong><strong>for</strong>mation which is proprietary to WHO or to <strong>the</strong><br />

manufacturer(s) <strong>of</strong> <strong>the</strong> vacc<strong>in</strong>e(s) which need(s) to be assessed <strong>for</strong> purchase by United Nations<br />

agencies. You undertake to treat such <strong>in</strong><strong>for</strong>mation (here<strong>in</strong>after referred to as “<strong>the</strong> In<strong>for</strong>mation”)<br />

as confidential and proprietary to WHO or <strong>the</strong> a<strong>for</strong>esaid manufacturer(s). In this connection, you<br />

agree to:<br />

1) not use <strong>the</strong> In<strong>for</strong>mation <strong>for</strong> any o<strong>the</strong>r purpose than discharg<strong>in</strong>g your obligations under this<br />

agreement; and<br />

2) not disclose or provide <strong>the</strong> In<strong>for</strong>mation to any person who is not bound by similar obligations<br />

<strong>of</strong> confidentiality and non-use as conta<strong>in</strong>ed here<strong>in</strong>.<br />

However, you will not be bound by any obligations <strong>of</strong> confidentiality and non-use to <strong>the</strong> extent<br />

that you are clearly able to demonstrate that any part <strong>of</strong> <strong>the</strong> In<strong>for</strong>mation:<br />

1) was known to you prior to any disclosure by WHO and/or <strong>the</strong> manufacturer(s); or<br />

2) was <strong>in</strong> <strong>the</strong> public doma<strong>in</strong> at <strong>the</strong> time <strong>of</strong> disclosure by WHO and/or <strong>the</strong> manufacturer(s); or<br />

3) has become part <strong>of</strong> <strong>the</strong> public doma<strong>in</strong> through no fault <strong>of</strong> your own; or<br />

4) has become available to you from a third party not <strong>in</strong> breach <strong>of</strong> any legal obligations <strong>of</strong><br />

confidentiality to WHO and/or <strong>the</strong> manufacturer(s).<br />

You also undertake not to communicate <strong>the</strong> deliberations and f<strong>in</strong>d<strong>in</strong>gs <strong>of</strong> <strong>the</strong> team(s) <strong>of</strong> experts<br />

<strong>in</strong> which you will participate, as well as any result<strong>in</strong>g recommendations and/or decisions <strong>of</strong><br />

WHO, to any third party, except as explicitly agreed by WHO.<br />

You will discharge your responsibilities hereunder exclusively <strong>in</strong> your capacity as an expert<br />

adviser to WHO. By sign<strong>in</strong>g this Agreement, you fur<strong>the</strong>rmore confirm that you have no f<strong>in</strong>ancial<br />

<strong>in</strong>terest and/or o<strong>the</strong>r relationship with a party, which:

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