Cyber Security Audit Of Website - ANNEXURES | NSeGS

(d) Be used by the Receiving Party directly or indirectly, solely for the purpose of considering, evaluating and affecting the tender/bid/contract.

- 4. The Receiving Party shall promptly upon requests by the Disclosing Party at any time return all copies of the Confidential Information communicated to it hereunder together with all copies and extracts made thereof and shall not retain any copies of the same, in any form whatsoever.
- 5. The Receiving Party shall have no obligations or restrictions with respect to:

(a) Information is publicly known through no wrongful act of the Receiving Party. (b) Information rightfully disclosed by a third party without breach of this Agreement by the Receiving Party and which can be communicated without restriction. (c) Information which was already known or which was independently developed by the Receiving Party (provided that the Receiving Party can demonstrate the same). (d) Information, the disclosure of which the Disclosing Party authorizes in writing.

- 6. Nothing in this Agreement shall be construed as granting to the Receiving Party any patent, copyright or design license, or rights of use under similar intellectual property rights in respect of the Confidential Information
- 7. The Receiving Party shall not without the prior written consent of the Disclosing Party:

(a) Disclose to any person, directly or indirectly:

- i) The fact that the Confidential Information has been made available to the Receiving Party by the Disclosing Party or that the Receiving Party has inspected any portion of the Confidential Information; or

ii) The fact that any discussion or negotiation is taking place concerning the Proposal; or Iii) Any of the terms, conditions or other facts with respect to the Proposal, including the status thereof; or (b) Make any private or public announcement or statement concerning or relating to the Proposal.

8. The Disclosing Party represents and warrants that save as otherwise notified in writing to the Receiving Party:

- a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party nor is it under any restriction with regard to the disclosure of any information, and that where applicable, it has obtained all licenses and consents necessary to enable the lawful disclosure of information by it to the Recipient; and
- b) It is not aware of any restriction on the use of such information by the Receiving Party, save as provided in this Agreement.
- c) To the effect that the foregoing representations and warranties shall be deemed to be given at the date of this Agreement and after that date upon and in respect of each disclosure.

The Disclosing Party makes no warranty or representation whatsoever as to the accuracy, completeness, suitability or adequacy of any information or as to the results obtained from it and assumes no responsibility in respect of the use of the information by the Receiving Party. 10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against any action, claim or proceeding and any loss, damage, costs, expenses or liabilities arising out of any such action, claim or proceeding, brought by any third party pursuant to any unauthorized disclosure or use of any information by the Receiving Party, or by any person for whom the Receiving Party is responsible under this Agreement, or pursuant to any breach of any undertaking, warranty or representation contained in this Agreement. 11. For the purposes of this Agreement 'Classified Information' shall mean information, documents , and material of any kind which the respective Government i.e. Indian Government has given or caused to be given a security classification irrespective of whether the same is transmitted orally, electronically, in writing or by hand. Notwithstanding any other provision of this Agreement: a) Each Party hereto undertakes to follow security procedures prescribed for military purposes with respect to disclosure, receipt, production, use, and handling of Classified Information. b) Any Classified Information, disclosed by one Party hereto shall be, whatever the method of disclosure is, identified by the Disclosing Party as Classified Information at the time of disclosure.