Perjanjian Kerahasiaan ini (selanjutnya disebut “Perjanjian”) dibuat dan ditandatangani pada hari __________ tanggal _________, oleh dan antara
X], a limited liability company duly established under the Law of Republic of Indonesia, having its principal at [X], in this case represented by [X], in his capacity as the [X] of [X] (hereinafter referred to as the FIRST PARTY); and
[X], a limited liability company duly established under the Law of Republic of Indonesia, having its principal at [X], in this case represented by [X], in his capacity as the [X] of [X] (hereinafter referred to as the SECOND PARTY)..
FIRST PARTY and SECOND PARTY shall be hereinafter collectively referred to as the “Parties” and individually referred to as the “Party”.
WHEREAS
- FIRST PARTY is a company which [X]. FIRST PARTY and SECOND PARTY are interested in exploring the possibility of entering into a business relationship and/or cooperation in [X] (hereinafter referred to as the “Relationship”);
- The Parties wish to exchange certain materials and Confidential Information (as defined below), on a non-exclusive basis, solely for the purpose of the Relationship;
- Under terms and conditions hereof, each Party recognizes the sensitivity and confidentiality of the Confidential Information and the Parties stated will protect such Confidential Information and utilize it only for the purposes stated herein, or as otherwise specifically authorized in writing by the Party disclosing the Confidential Information (hereinafter referred to as the “Disclosing Party”) to the Party receiving the Confidential Information (hereinafter referred to as the “Receiving Party”); and
- Each Party desires to protect the confidentiality and integrity of the Confidential Information, and desires that the Confidential Information remains the sole property of the Disclosing Party.
Now therefore, based on the above considerations, the Parties hereby agree as follows:
CONFIDENTIAL INFORMATION
For the purpose of this Agreement, the term ”Confidential Information” shall mean the following:a. Any information relating to the Disclosing Party, its subsidiaries, affiliates, customer and its business activities and operation, including any information directly or indirectly related with this Agreement and/or Relationship, whether in oral, written, graphic, magnetic, electronic, or other form that is directly or indirectly delivered by or disclosed to or obtained by the Receiving Party or any of its officers, directors, employees, in the course of discussions or other work undertaken between the Parties; or
Any communication between the Parties, whether in oral or written that is known or should be reasonably known by the Parties to be confidential or proprietary in nature and that is made in the course of discussions or other work undertaken between the Parties.
Confidential Information shall not include “Non-Protected Information” as defined in Article 2 of this Agreement.
NON-PROTECTED INFORMATION
For the purpose of this Agreement, “Non- Protected Information” shall mean the following:
Information that, at the time it is disclosed, is already in the Receiving Party rightful possession or available to the Receiving Party or its Representatives (as defined below) from any other source having no obligation not to disclose it; or
Information that is, or any time hereafter becomes, available to the public other than by breach of this Agreement by the Receiving Party or any of its Representatives
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