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CONFIDENTIALITY
AGREEMENT
This Agreement has been made on the _________ (day) of _____________ (Month) 20 ___(year) BETWEEN: International Plastic Card Corporation (Australasia) Pty Ltd (IPCC) A.C.N. 089 144 070 of Factory 2/12 Tonga Place, Parkwood, Queensland 4214, Australia.. AND: ___________________________________________________________________________ ________________________________________________________________________________ AGREEMENT WITNESSES AS FOLLOWS: Interpretation 1. In this agreement unless the subject matter or context otherwise requires, IPCC is referred to as the "Supplier", and any obligation or liability imposed on or benefit given to the supplier in this agreement is an obligation or liability imposed on or benefit given to _________________ without limitation, each representation and warranty given and covenant made by the supplier is given or made by _________________. 2. (i) IPCC is prepared to reveal confidential information to _________________ to allow _________________ to evaluate its requirements and needs. (ii) To obtain such confidential information _________________ AGREES: a) In this agreement the term "information" means information in the possession or control of IPCC or any subsidiary company of IPCC deemed pursuant to section whether in the form of verbal briefs or written documents, charts, magnetic tapes, samples or any other means of recording, storing or reproducing being information concerning any products, processes, financial arrangements, advertising, advertising and sales strategies, sales forecasts or function relation to products, their sale and distribution as IPCC may in its absolute discretion elect to disclose to _________________ pursuant to this agreement. b) In consideration of IPCC agreeing to disclose information to _________________, _________________ hereby agrees to keep confidential all information and to use the same only for the purpose of evaluating its requirements and will restrict access to information to such persons as must necessarily have such information to enable _________________ to evaluate its requirements. c) _________________ hereby acknowledges the exclusive rights of IPCC to the intellectual Property rights and all information provided by IPCC and further that nothing in this agreement and nothing arising from communication of such information by IPCC to _________________ hereunder shall be construed as granting or giving rise to any proprietary or interests therein in favour of _________________. d) At the conclusion of any evaluation of "current information" and or new "information" by _________________, IPCC may in its absolute discretion require _________________ to forthwith return to IPCC all information provided by IPCC and all copies or reproductions thereof made or acquired by _________________ and all other documents, papers, photographs, samples or material of any nature whatsoever coming into existence for the purpose of aiding _________________ to evaluate its requirements. e) Nothing in this agreement shall restrict or prevent IPCC from disclosing the information to any other person it deems fit. f) This agreement shall not apply in respect of ; (i) Information that is available to the general public at the time of its receipt by _________________ Information which _________________ shall have lawfully obtained from a third party; (ii) Information that _________________ is legally obliged to supply pursuant to any statute or regulation of the Commonwealth of Australia or any State or Territory thereof; PROVIDED ALWAYS that for AF or Nominee to be entitled to the benefit of any foregoing exclusions the onus of clearly establishing that the conduct of _________________ (whether by act or omission) is within such exclusions shall be upon _________________ at all times. g) This contract shall be governed and construed in accordance with the laws of Queensland, Australia. IN WITNESS WHEREOF the parties have executed this contract on the date first written above. Signed for and on
behalf of And in the presence of _________________________________________________________________________________ Signed for and on
behalf of And in the presence of _________________________________________________________________________________ |