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CONFIDENTIALITY AGREEMENT THIS AGREEMENT is by and between and ___Dongguan Minghe Manufacturing co.,ltd___, a China corporation, at 102,No.41,Changde Road,Xiaojiejiao,Humen Town,Dongguan,China
“Confidential Information” as used here in shall mean all information, documentation, devices disclosed or made available by xxx Inc. to Recipient or Recipient’s employees, agents or subcontractors, and xxx Inc.’s business plans, present or future, its die casting products or policies; its operating procedures and systems; its customer information; and , Inc’s non-public product information and die casting product specifications. Confidential Information shall not include data or information:
- (a) In the possession of Recipient prior to its disclosure by xx Inc. ;
- (b) Independently developed by Recipient;
- (c) Publicly disclosed by xxx , Inc.;
- (d) Rightfully received by Recipient from a third party without restrictions on disclosure or use; or
- (e) Approved for release or disclosure in writing by xxx, Inc..
Recipient acknowledges and agrees that Confidential Information is proprietary to and a valuable trade secret of xxx, Inc. and that any disclosure or unauthorized use of any Confidential Information will cause irreparable harm and loss to xxx, Inc..
In consideration of the disclosure to Recipient of Confidential Information, and other good and valuable considerations, the receipt and sufficiency of which is acknowledged, Recipient agrees:
- (a) Not to copy, in whole or any part, Confidential Information without written consent of xxx, Inc.;
- (b) To disclose Confidential Information only to Recipient’s employees that need to know the information for the performance of their duties;
- (c) Not to disclose Confidential Information to persons outside of Recipient without written consent ofxxx, Inc;
- (d) To use the Confidential Information only in a manner specifically approved by xxx, Inc.;
- (e) To disclose Confidential Information under a valid order created by a court or government agency only after providing xxx, Inc. with prior written notice of such obligation and the opportunity to oppose such disclosure;
- (f) And to return all Confidential Information, including any copies or other records, to xxx, Inc. upon receipt of a written request fromxxx Inc.. The obligations of this Agreement shall be ongoing and shall survive the termination of this Agreement.
Recipient agrees that in the event of any breach of this Agreement, xxxx, Inc. shall be entitled to obtain from any court of competent jurisdiction, without requirement of bond or other security, preliminary and permanent injunctive relief as well as an equitable accounting of all profits or benefits arising from such breach, which rights and remedies shall be cumulative and in addition to any other rights or remedies at law or in equity to which xxxx, Inc. may be entitled.
This Agreement shall be governed by the laws of the State of Florida, USA without regard to its conflict of law rules.
IN WITNESS WHEREOF, each party hereto warrants and represents that this Agreement has been duly authorized by all necessary corporate action and that this Agreement has been duly executed by and constitutes a valid and binding agreement of that party.