- Lefa Transportation Services CC shall hold in confidence all confidential information received from the Discloser and not divulge the confidential information to any person including employees, save for the employees or sub-consultant directly involved with the execution of an agreement between the Lefa Transportation CC and the Discloser.
- Lefa Transportation Services CC will ensure that any sub consultant, employees or other third parties who may require to be exposed to the confidential information will have signed a confidentiality agreement which contains no less favourable terms than those set out herein, including shuttle operators in Windhoek.
- With respect to all confidential information provided by Discloser, Lefa Transportation Services CC will use the same care to prevent disclosure to third parties of such confidential information as it employs to avoid disclosure, publication or dissemination of its own information of a similar nature.
- Lefa Transportation Services CC will not publicly disclose the terms of any agreement with the Discloser without the prior written consent of the Discloser.
- Notwithstanding the foregoing, this clause will not apply to any confidential information, which Lefa Transportation Services, can demonstrate was:
- At the time of disclosure to it, in the public domain;
- After disclosure to it, published or otherwise, becomes part of the public domain through no fault of Lefa Transportation Services;
- In the possession of Lefa Transportation CC at the time of disclosure of it;
- Received after disclosure to it from a third party who had a lawful right to disclose such information to it;
- Independently developed by Lefa Transportation CC without reference to the confidential information of the Discloser.
- At the request of Discloser, which request can be made at any time, the Lefa Transportation shall promptly deliver to the Discloser all written, printed, electronically stored and copied confidential information of whatever nature disclosed to it without retaining any copies thereof and shall either so deliver or destroy any written material based on the confidential information.
- The provisions of this Agreement shall remain binding on the Parties for a period of 1 (one) years from the Effective Date.
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