This excerpt taken from the LPL 20-F filed Apr 11, 2005.
Article 20. Confidentiality
20.1
Without the prior written consent of the other Party, during the term of this Agreement and thereafter no receiving Party shall, in any manner whatsoever, disclose or communicate to
any third party any Information or use any Information for any purpose except for the purpose for which such Information was supplied or except as legally required by any governmental or judicial agency or it is required for outside legal and
financial counsel advice. For the purposes of this Article, the term “Information” shall mean any and all financial, technical or business information (including, without limitation, information concerning business and business
operations) generated by either Party hereto or a Subsidiary thereof or the JVC and acquired either directly or indirectly by the receiving Party or JVC, but shall exclude information which:
(a)
is or becomes publicly known through no wrongful act of the receiving Party;
(b)
is received without restrictions from a third party without breach of any obligation of non-disclosure;
(c)
is independently developed by the receiving Party as shown to the satisfaction of the supplying Party by written records; or
(d)
is contained in any published patent or published patent application or which becomes published or otherwise generally known to the trade through no wrongful act of the receiving
Party, from and after the date it becomes published or generally known.
20.2
Receiving Party shall indemnify and hold the other harmless from any loss, liability, and expense suffered by the other Party as a result of any unauthorized disclosure,
communication, or use of information by the receiving Party, its officers, directors, employees, or agents. The obligations contained in this Article 20 shall survive for four (4) years from the termination of this Agreement.
