Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

3621. CONFIDENTIALITY21.1 Confidential InformationSubject to Sub-Clause 21.2 below, the Parties shall keep confidential all mattersrelating to the Services, the Project, the Facility and this Contract and will not makeany disclosure, and shall use reasonable endeavours to ensure that their employees,Subcontractors and agents do not make any disclosure to any person of anyinformation, data, experience and know-how, documents, secrets, dealings,transactions or affairs of or relating to the Parties, the Project, the Facility or thisContract (the "Confidential Information").21.2 ExceptionsThe confidentiality obligation shall not apply to the following:(a)(b)any matter which the Supplier can demonstrate is already generally availableand in the public domain other than through unauthorised disclosure by theSupplier; orany disclosure which may reasonably be required for the performance of theSupplier's obligations under this Contract or the compliance by the Supplierwith any statutory obligations or for the purposes of legal proceedings.21.3 AnnouncementsThe Parties warrant to and undertakes with each other that they shall not, and shallprocure that their employees, agents and subcontractors shall not, issue or make anypublic announcement or statement regarding the Project, the signature, performanceor termination of this Contract or the Supplier's employment thereunder unless, priorthereto, the other Party has been furnished with a copy thereof and has approved thesame.21.4 Survival of Confidentiality ObligationsThe provisions and obligations set out in this Clause 21 shall survive and remain inforce for three (3) years upon and following the termination of this Contract.22. INTELLECTUAL PROPERTY22.1 Purchaser's Intellectual Property(a)The Purchaser shall, to the extent it is legally able to do so, grant the Supplierduring the term of this Contract a royalty free, non-exclusive and transferablelicence to use Intellectual Property which is owned by or licensed to thePurchaser by third parties (the "Purchaser Intellectual Property") only to theextent necessary to enable the Supplier to perform its obligations under thisContract. Such licences shall not carry the right to grant sub-licences.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007