✨ Confidentiality Agreement Clauses
4376 NEW ZEALAND GAZETTE, No. 177 22 DECEMBER 2010
5 Confidentiality
(1) The confidentiality provisions in clause 12 of the Head Agreement will apply to the VAS Transactions. The confidentiality provisions set out in Sub-Sections (2) and (3) below will apply to all other Transactions under this Agreement.
(2) Obligation of confidentiality: Each party shall at all times (including after the termination or expiry of this Agreement) keep confidential, treat as privileged, and not directly or indirectly make any disclosure or use, or allow any announcement to be made of:
(a) the subject matter or any of the terms of this Agreement;
(b) any information directly or indirectly obtained from the other party under or in connection with this Agreement,
except to the extent:
(c) required by law (including, for the avoidance of doubt, required by the Electricity Authority);
(d) necessary to satisfy the requirements of the New Zealand Exchange or any other stock exchange or trading market upon which the relevant party or any of its related persons is listed or quoted;
(e) necessary to obtain the benefit of, or to carry out any obligation under, this Agreement;
(f) that the information is or becomes available in the public domain without a breach by a party of its confidentiality obligations under this clause or at law; or
(g) that the information is made available to legal or financial advisers, auditors, financiers or transferees or potential transferees; or
(h) necessary to comply with the requirements of the Code; or
(i) that the information is made available to any subsidiary or holding company of that party (as those terms are defined in the Companies Act 1993).
(3) Compelled disclosures: If any party is required to disclose any information referred to in Sub-Section (2) above, that party shall:
(a) immediately notify the other party in writing so that it may (if it considers appropriate) seek a protective order or other remedy at its own cost;
(b) only disclose information to the extent legally required or necessary to satisfy the requirements of the New Zealand Exchange or any other stock exchange or trading market upon which the relevant party or any of its related persons is listed or quoted or of the Code; and
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NZ Gazette 2010, No 177
✨ LLM interpretation of page content
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Confidentiality Clauses and Provisions
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🏭 Trade, Customs & IndustryConfidentiality, Agreement, Legal Obligations, Disclosure, Electricity Authority, New Zealand Exchange