CCO » Topics » CONFIDENTIALITY

This excerpt taken from the CCO 8-K filed Dec 11, 2009.

CONFIDENTIALITY

 

1 You acknowledge that in the ordinary course of your employment you will be exposed to information about the Company’s business and the business of each Group Company and that of the Company’s and each Group Company’s suppliers and customers which amounts to a trade secret, is confidential or is commercially sensitive and which may not be readily available to others engaged in a similar business to that of the Company or any Group Company or to the general public and which if disclosed will be liable to cause significant harm to the Company or any such Group Company. Such information (whether recorded in writing, on computer disk or in any other medium) is referred to as “Confidential Information”. You have therefore agreed to accept the restrictions in this Schedule.

 

2 You will not either directly or indirectly during this agreement or after its termination without limit in time for his own purposes or for any purposes other than those of the Company or any Group Company (for any reason and in any manner) use or divulge or communicate to any person, firm, company or organisation except to those officials of the Company or any Group Company whose province it is to know the same any secret or Confidential Information or information constituting a trade secret acquired or discovered by you in the course of your employment with the Company relating to the private affairs or business of the Company or any Group Company or their suppliers, customers, management or shareholders.

 

3 The restrictions contained in this clause do not apply to:

 

  a. any disclosure authorised by the Board or required in the ordinary and proper course of your employment or as required by the order of the court of competent jurisdiction or an appropriate regulatory authority or otherwise required by law; or

 

  b. any information, or Confidential Information that you can demonstrate was known to you prior to the commencement of your employment by the Company or by any Group Company;

 

  c. a protected disclosure by you, in accordance with the provisions of the Public Interest Disclosure Act 1998.

 

4 You will not other than with the approval of your Director make or issue any press, radio or television statement, or publish or submit for publication any letter or article relating directly or indirectly to the business affairs of the Company or Group Company.

 

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5 The provisions set out above are without prejudice to your duties and obligations to be implied into this Contract at common law.
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