THIRD PARTY IN RESPECT OF WHICH DAMAGES ARE OR MAY BE RECOVERABLE, YOU SHALL
IMMEDIATELY NOTIFY THE COMPANY OF THAT FACT AND OF ANY CLAIM, COMPROMISE,
SETTLEMENT OR JUDGMENT MADE OR AWARDED IN CONNECTION WITH IT AND ALL RELEVANT
PARTICULARS THAT THE COMPANY MAY REASONABLY REQUIRE. YOU SHALL IF REQUIRED BY
THE COMPANY, REFUND TO THE COMPANY THAT PART OF ANY DAMAGES OR COMPENSATION
RECOVERED BY YOU RELATING TO THE LOSS OF EARNINGS FOR THE PERIOD OF THE ABSENCE
AS THE COMPANY MAY REASONABLY DETERMINE, PROVIDED THAT THE AMOUNT TO BE REFUNDED
SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO YOU BY THE COMPANY IN RESPECT OF THE
PERIOD OF ABSENCE.
12.
CONFIDENTIAL INFORMATION
12.1
YOU WILL OBSERVE STRICT SECRECY AS TO THE AFFAIRS
AND DEALINGS OF THE COMPANY AND WILL USE YOUR BEST ENDEAVOURS TO PREVENT THE
PUBLICATION OR DISCLOSURE OF ITS CONFIDENTIAL INFORMATION (EXAMPLES OF WHICH ARE
SET OUT IN SCHEDULE 1) AND THE CONFIDENTIAL INFORMATION OF ANY COMPANY WITHIN
THE GROUP, INCLUDING WITHOUT LIMITATION THAT WHICH COMES INTO YOUR POSSESSION
DURING YOUR EMPLOYMENT WITH THE COMPANY.
YOU WILL NOT USE TO THE DETRIMENT OR
PREJUDICE OF THE COMPANY OR ANY OTHER COMPANY WITHIN THE GROUP OR, EXCEPT IN THE
PROPER COURSE OF YOUR DUTIES, DIVULGE TO ANY PERSON, FIRM OR COMPANY OR
OTHERWISE MAKE USE OF CONFIDENTIAL INFORMATION WHICH MAY HAVE COME TO YOUR
KNOWLEDGE DURING THE COURSE OF YOUR EMPLOYMENT WITH THE COMPANY.
THIS
RESTRICTION SHALL CONTINUE TO APPLY AFTER THE TERMINATION OF YOUR EMPLOYMENT
WITHOUT LIMITATION IN TIME, BUT SHALL CEASE TO APPLY TO ANY INFORMATION OR
KNOWLEDGE WHICH SUBSEQUENTLY COMES INTO THE PUBLIC DOMAIN, OTHER THAN BY WAY OF
UNAUTHORISED DISCLOSURE BY YOU.
12.2
YOU ACKNOWLEDGE AND UNDERSTAND THAT THIS
UNDERTAKING INCLUDES AN AGREEMENT ON YOUR PART NOT TO PUBLISH OR TO FACILITATE
THE PUBLISHING OF ANY CONFIDENTIAL INFORMATION IN ANY BOOK, NEWSPAPER,
PERIODICAL OR PAMPHLET OR BY BROADCASTING ON TELEVISION, CABLE, SATELLITE, FILM,
ON THE INTERNET OR ANY OTHER MEDIUM NOW KNOWN OR DEVISED AFTER THE DATE OF THIS
AGREEMENT OR BY COMMUNICATION TO ANY THIRD PARTY INCLUDING A REPRESENTATIVE OF
THE PRESS.
12.3
IT IS A CONDITION OF THIS AGREEMENT THAT UPON
DEMAND BY THE COMPANY AND IN ANY EVENT UPON THE TERMINATION DATE, YOU SHALL
IMMEDIATELY DELIVER UP TO THE COMPANY OR A NOMINATED REPRESENTATIVE OR AT THE
COMPANY'S SOLE DISCRETION DESTROY ALL AND ANY CONFIDENTIAL INFORMATION IN YOUR
POSSESSION, CUSTODY OR POWER.
12.4
YOU UNDERTAKE THAT YOU SHALL NOT DURING THE TERM
NOR AFTER THE TERMINATION DATE DISCLOSE, PUBLISH OR REVEAL TO ANY UNAUTHORISED
PERSON ANY INCIDENT, CONVERSATION OR INFORMATION CONCERNING ANY DIRECTOR,
EMPLOYEE, AGENT OR CONSULTANT OF THE COMPANY OR ANY COMPANY IN THE GROUP OR ANY
OF ITS CUSTOMERS, GUESTS OR VISITORS WHICH COMES TO YOUR KNOWLEDGE DURING THE
CONTINUANCE OF THIS AGREEMENT, OR ANY INCIDENT, CONVERSATION OR INFORMATION
RELATING TO YOUR EMPLOYMENT BY THE COMPANY OR RELATING TO THE COMPANY WHICH
MIGHT HAVE A SIGNIFICANTLY DETRIMENTAL EFFECT ON THE COMPANY'S REPUTATION OR ITS
BUSINESS OR THAT