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confidentiality obligations

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Latest post Tue, Aug 18 2015 9:57 AM by ca19lawyer2. 2 replies.
  • Mon, Aug 17 2015 10:51 PM

    • Maxim_M
    • Not Ranked
    • Joined on Tue, Aug 18 2015
    • Posts 1

    confidentiality obligations

    My company bought special equipment in 2004, contranct is already executed. But in the contract we have next artice: The BUYER agrees to retain in strict
    confidence and not to disclose any non-published and/or not generally known item of the KNOW-HOW and the TECHNICAL DOCUMENTATION to any third party, with the exception of those which are directly involved in the execution of this Contract. In case of any such permitted transfer an assignee of the third party shall agree in writing to be bound by all secrecy conditions of this Contract. This Contract is a Confidential Document.The BUYER shall use the KNOW-HOW and the TECHNICAL DOCUMENTATION and all information contained therein solely for the purpose of the ERECTION, COMMISSIONING, START-UP, the operation, and the maintenance of the PLANT, and for no other purpose whatsoever. BUYER will ensure that any
    foreign party active in Seller's sphere as competitors to the SELLER will have no access to the PLANT.This item shall also remain in force after this Contract expiration regarding each item of Know- How and Technical Documentation, and of all information contained therein as long as the secrecy is presented for Know-How, Technical Documentation and information.

    Need tour professional opinion, becouse now we need upgrade that equipment, for that pupouse we need to invite another Company. Law of the contract is German


  • Tue, Aug 18 2015 7:50 AM In reply to

    Re: confidentiality obligations

    Hire a lawyer in Germany if your company is located in Germany.

    Hire a lawyer in the US if your company is located in the US.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Aug 18 2015 9:57 AM In reply to

    Re: confidentiality obligations

    These boards are for issues of U.S. law.  Unless you're asking us how a U.S. court would deal with a contract that is governed by German law, you'll need to consult with a German attorney.

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