AUTHORIZED HEREUNDER. IN PARTICULAR, THE SUPPLIER
RECOGNIZES THAT INTENTIA OPERATES IN A HIGHLY COMPETITIVE BUSINESS ENVIRONMENT
AND THAT DISCLOSURE OF ANY CONFIDENTIAL INFORMATION MAY THUS BE DETRIMENTAL FOR
INTENTIA.
24.2
THE PARTIES UNDERTAKE TO TAKE ALL COMMERCIALLY
REASONABLE PRECAUTIONS TO ENSURE THAT CONFIDENTIAL INFORMATION IS NOT BROUGHT TO
THE ATTENTION OF ANY THIRD PARTY OR ANY OTHER PERSON NOT AUTHORISED TO RECEIVE
SUCH INFORMATION FOR PURPOSES CONTEMPLATED IN THIS AGREEMENT. A PARTY SHALL NOT
USE OR COPY THE CONFIDENTIAL INFORMATION EXCEPT FOR SUCH PURPOSES THAT FALL
WITHIN THE SCOPE OF THIS AGREEMENT OR AS IS OTHERWISE AGREED BY THE DISCLOSING
PARTY.
24.3
THE PARTIES MAY FURTHERMORE NOT DISCLOSE TO ANY
THIRD PARTY INFORMATION THAT RELATES TO THE NEGOTIATIONS CONDUCTED BETWEEN THE
PARTIES AND SHALL REGARD THIS AGREEMENT AS CONFIDENTIAL INFORMATION EXCEPT AS
AUTHORIZED HEREUNDER.
24.4
THE PARTIES SHALL HOWEVER BE ENTITLED TO DISCLOSE
CONFIDENTIAL INFORMATION AND INFORMATION UNDER THIS SECTION 25 TO THEIR
OFFICERS, DIRECTORS, AND LEGAL AND FINANCIAL ADVISORS, PROVIDED EACH PERSON
RECEIVING SUCH INFORMATION IS BOUND BY THE SAME OR SIMILAR CONFIDENTIALITY
OBLIGATIONS AS THE PARTIES UNDER THIS AGREEMENT.
24.5
THE RESTRICTIONS IN THIS SECTION 25 SHALL NOT APPLY:
16
24.5.1
to Confidential Information which was at the time of its
disclosure or becomes thereafter publicly available other than as a consequence
of a breach by the receiving party of this Agreement or any other agreement or
any confidential relationship with the other party;
24.5.2
TO CONFIDENTIAL INFORMATION WHICH WAS OBTAINED BY THE
RECEIVING PARTY WITHOUT RESTRICTION FROM A THIRD PARTY LAWFULLY IN POSSESSION OF
THE SAME AND NOT IN BREACH OF ANY AGREEMENT OR ANY CONFIDENTIAL RELATIONSHIP;
24.5.3
TO CONFIDENTIAL INFORMATION WHICH IS DEVELOPED BY THE
RECEIVING PARTY INDEPENDENTLY OF AND WITHOUT RELIANCE UPON ANY PORTION OF THE
INFORMATION IN QUESTION OF THE OTHER PARTY;
24.5.4
TO CONFIDENTIAL INFORMATION WHICH THE RECEIVING PARTY IS
REQUIRED BY LAW OR ANY GOVERNMENTAL OR OTHER REGULATORY AUTHORITY OR STOCK
EXCHANGE RULES TO DISCLOSE, PROVIDED IT CONSULTS WITH THE OTHER PARTY IN ADVANCE
REGARDING THE TIMING AND CONTENT OF SUCH DISCLOSURE;
24.5.5
TO CONFIDENTIAL INFORMATION THAT THE DISCLOSING PARTY GIVES
THE RECEIVING PARTY WRITTEN AUTHORIZATION TO DISCLOSE; OR
24.5.6
TO CONFIDENTIAL INFORMATION THAT IS OR HAS BEEN DISCLOSED BY
THE DISCLOSING PARTY TO A THIRD PARTY WITHOUT A RESTRICTION ON FURTHER
DISCLOSURE.
24.6
THE OBLIGATIONS UNDER THIS SECTION 24 SHALL APPLY
FOR A PERIOD OF FIVE YEARS AFTER THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
25.
PUBLIC ANNOUNCEMENTS
25.1
THE SUPPLIER AND ITS AFFILIATES MAY INCLUDE INTENTIA
AMONG ITS PUBLIC LIST OF CLIENTS.
THE PARTIES SHALL MEET WITHIN A REASONABLE
TIME AFTER THE AGREEMENT DATE TO DISCUSS THE FORM AND RELEASE OF A POSSIBLE
PRESS RELEASE RELATING TO THE PARTIES' RELATIONSHIP. EACH PARTY MAY ISSUE THE
AGREED-TO PRESS RELEASE.
25.2
NEITHER OF THE PARTIES SHALL OTHERWISE USE ANY NAME,
LOGO OR TRADEMARK/SERVICE MARK OF THE OTHER PARTY IN ANY WAY WITHOUT PRIOR
WRITTEN AUTHORIZATION OF SUCH OTHER PARTY. INTENTIA IS HOWEVER ENTITLED TO ISSUE
A PUBLIC NOTICE ANNOUNCING THAT THE