General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 43 of 5240.3.4 is required to be disclosed to comply with the requirements of Law or any applicablelaw in any jurisdiction or any government or regulatory body having properjurisdiction over the Services or the Contractor, or by the rules of any stockexchanges on which the shares of the Contractor are listed.40.4 The Contractor shall ensure incorporation of the provisions of this clause 40 into anySubcontract and compliance by any Subcontractor.40.5 All information provided by the Contractor to the Company which the Contractor wishes toremain confidential shall be clearly marked as being confidential ("ContractorInformation"). The Company shall nevertheless be entitled, subject to such Contractor'sconsent, which shall not be unreasonably withheld or delayed, to use and disclose any suchContractor Information to third parties to the extent necessary for the execution andmaintenance of the Services to be performed or in relation to any statutory or other legalrequirement.40.6 All data, logs, charts, drawings, tracings, documents, calculations, computer printouts anditems of a similar nature, produced or developed in connection with the Services shall beCompany's property, and shall be furnished to the Company at the Company's request and notlater than completion of the Services.40.7 Notwithstanding the foregoing, the Parties agree that all Intellectual Property Rights in theContractor's existing manufactured products are and shall remain vested in the Contractor,and the Contractor shall not be required to furnish any detailed manufacturing informationpertaining thereto.40.8 The Contractor acknowledges and agrees that, in the event of any breach or threatened breachof the confidentiality provisions of the Contract, the Company would be irreparably andimmediately harmed and could not be made whole by monetary damages recoverable underthe Contract. Accordingly, in addition to any other remedy to which the Company may beentitled at Law, and notwithstanding any other provision in the Contract, the Company shallbe entitled to an injunction or injunctions (without the posting of any bond and without proofof actual loss) to prevent breach(es) or threatened breach(es), of, or to compel specificperformance of, the provisions of this clause 40, and that neither the Contractor nor itsrepresentatives shall oppose the granting of such relief in any court of competent jurisdictionprovided the request for injunction by the Company is reasonable. For the purpose of thisclause 40.8, the Contractor hereby irrevocably agrees to submit to the non-exclusivejurisdiction of any court or tribunal of competent jurisdiction in which a claim for injunctionis brought. Such an application for injunctive relief may be made either to the courts ofKuwait in accordance with clause 53 or to any other court of competent jurisdiction. In theevent such injunctive relief is sought, the losing Party agrees to reimburse the prevailing Partyfor all costs, including reasonable legal advisers' fees, incurred by the prevailing Party.40.9 The provisions of this clause 40 shall survive termination or expiry of the Contract.March 2011