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    Development Of Technical Business Confidentiality Agreement

    2016/5/4 22:40:00 31

    TechnologyBusinessConfidentiality Agreements

    In view of the fact that the two sides are engaged in the business of the project, in view of the implementation of the project and the process of cooperation, they provide confidential information to the other party and the confidential information is legally owned by both parties; in view of the fact that both parties wish to effectively protect the confidential information provided in this agreement, the following agreements have been signed:

    1. business secrets

    The business secrets mentioned in this contract include, but are not limited to: technical proposal, engineering design, circuit design, manufacturing method, formulation, technological process, technical index, computer software, database, research and development record, technical report, test report, experimental data, test result, drawing, sample, prototype, model, mold, operation manual, technical document, correspondence and so on.

    Other business secrets mentioned in this contract include, but are not limited to: customer name, customer address and contact information, demand information, marketing plan, procurement information, pricing policy, purchase channel, production and marketing strategy, tender and tender documents in bidding, project team composition, cost budget, profit situation and non-public financial information.

    The other party shall be required to undertake the obligation of confidentiality in accordance with the provisions of the law and the relevant agreements (such as technical contracts).

    2. secret sources

    Any commercial, marketing, technical, operational data or other nature of the information received by the receiving party from the owner or any item arising from the project, no matter in what form or carrier, whether it is disclosed in verbal, image or written form, is confidential.

    3. confidentiality obligations

    With regard to the business secrets of the owner, the receiving party hereby agrees:

    (1) strictly abide by confidentiality, and adopt all confidentiality measures and systems to protect the secret (including, but not limited to, the measures and systems adopted by the receiving party to protect its own business secrets);

    (2) do not disclose any trade secrets to any third party;

    (3) no use of the secret shall be made at any time except for the performance of the contract with the other party.

    (4) do not copy or use the secret through reverse engineering.

    The recipient shall enter into a confidentiality agreement with employees, agents, etc. who can contact the trade secret. The substance of this Agreement shall be similar to that of this agreement.

    4. exceptions

    The owner agrees that the above provisions shall not apply to the following circumstances:

    (1) the trade secret has been or is becoming the information available to the general public.

    (2) it is possible to prove in writing that the recipient has been familiar with the information before receiving the technical information from the owner.

    (3) information provided legally by the third party;

    (4) the technology developed independently by the recipient without using the technical data of the owner.

    5. return information

    At any time, upon receipt of the written request of the owner, the recipient shall immediately return all the trade secrets and documents, including the media and any or all copies or abstracts of the trade secret information.

    If the technical information is in the form of non return, or has been copied or pcribed into other data or carriers, it should be deleted.

    6. confidentiality terms

    This agreement is valid for the period of the year from January to December.

    7. liability for breach of contract

    (1) if the receiving party fails to fulfil the obligation of confidentiality stipulated in the third provision of this agreement, but has not yet caused any loss or serious consequence to the owner, it shall be liable to a default fine of not more than RMB.

    (2) if the party's loss or serious consequence is caused by the breach of contract referred to in the preceding paragraph, the receiving party shall be liable for breach of contract, and the compensation for loss shall be specified in item third of this article.

    (3) the compensation for damages referred to in item second of this article includes:

    The amount of compensation for A. loss is the actual economic loss suffered by the owner due to the violation of the agreement by the recipient. The calculation method is as follows:

    B. if the owner's loss is difficult to calculate in accordance with the above calculation method, the amount of compensation for damages shall be the amount of compensation paid by the receiving party, which is no less than the investment cost incurred by the owner in respect of the business secrets of the project.

    C. a reasonable fee paid by the owner due to the investigation of the party's breach of the agreement.

    D. violates the owner's right to trade secrets on the project because of the violation of the agreement by the recipient, and the owner may choose to accept it according to this agreement.

    Liability for breach of contract

    Or, according to the relevant laws and regulations of the state, the receiving party shall bear the tort liability.

    8. statement and guarantee

    First party:

    (1) Party A has the right to sign and have the ability to perform this contract for a company established in accordance with the law and lawfully surviving.

    (2) all procedures required by Party A to sign and perform this contract have been completed and lawfully and effectively.

    (3) at the time of signing this contract, no court, arbitral body, administrative organ or regulatory body has made any judgments, rulings, decisions or specific administrative acts that will have a significant adverse effect on Party A's performance of this contract.

    (4) the internal authorization procedures required by Party A to sign the contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party A.

    This contract is legally binding upon both parties after its entry into force.

    Party B:

    (1) Party B has the right to sign and have the ability to perform this contract as a legally established enterprise.

    (2) all the procedures required by Party B to sign and perform this contract have been completed and lawfully and effectively.

    (3) at the time of signing this contract, no court, arbitral body, administrative organ or regulatory body has made any judgments, rulings, decisions or specific administrative acts that will have a significant adverse effect on Party B's performance of this contract.

    (4) the internal authorization procedures required by Party B to sign this contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party B.

    This contract is legally binding upon both parties after its entry into force.

    9. force majeure

    The force majeure referred to in this contract refers to objective events that cannot be foreseen, insurmountable, unavoidable and have a significant impact on one party, including, but not limited to, natural disasters such as floods, earthquakes, fires and storms, and social events such as war, unrest, and government actions.

    If a contract is unable to be fulfilled due to the occurrence of a force majeure event, the party who has the force majeure shall inform the other party in writing of the accident immediately, and shall furnish details of the accident and written information that may not be fulfilled or need to be postponed within the day of the day.

    10. notice

    (1) based on this

    contract

    All notices that need to be issued, as well as the documents between the two sides, as well as the notices and requirements relating to this contract, must be in writing, and can be delivered by means of letters, telegrams, cables, letters, facsimile, telegrams, face-to-face delivery, etc.

    If the above methods are not served, the service may be delivered by notice.

    (2) the communication addresses of all parties are as follows:

    (3) if a party changes its notice or address, it shall notify the other party in writing within days from the date of change, otherwise, the unnamed party shall bear the corresponding responsibility arising therefrom.

    11. dispute settlement

    (1) the contract is governed by the law of the country and is interpreted according to it.

    (2) disputes arising from the execution of this contract shall be settled through consultation between the parties concerned, and may also be mediated by the relevant departments.

    A. submitted to the Arbitration Commission of the Arbitration Commission.

    B. prosecute the people's court according to law.

    12. explanation

    The understanding and interpretation of this contract shall be based on the purpose and text of the contract.

    etymon

    The title of this contract is only for convenience of reading, and shall not affect the interpretation of this contract.

    13. supplements and annexes

    If the contract is not fully implemented, according to the relevant laws and regulations, and if the laws and regulations are not specified, Party A and Party B can reach a written supplementary agreement.

    The annexes and supplementary agreements of this contract are integral parts of this contract and have the same legal effect as this contract.

    14. effect of contract

    This contract shall come into force from the date of signature by both parties or their authorized representatives and the official seal.

    This contract is the original copy of the contract. The two parties have the same legal effect. The copy of the contract is issued by a copy of the contract.

    Gai Zhang,

    The legal representative is: Mr.

    Gai Zhang,

    The legal representative is: Mr.

    Time of signing: the year of the year, the month, the month, the hour, the hour, the hour, the hour, the time, the time, and the time.

    Place of signature:


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