Page 2 - JOINT VENTURE AGREEMENT FOR THE EXECUTION OF BATCHES OF 10 000 AND R_Neat
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2.5.1 "The / this agreement" – this joint venture agreement inclusive of any appendices which the
parties may sign and attach hereto from time to time;
2.5.2 The attorneys will be nominated by Gonlizar and Phatsimo Engineering.
2.5.3 The auditors" – The Auditors of Gonlizar/ Phatsimo Engineering for the time being.
2.5.4 “The leaders” – The leaders are responsible for the supervision, direction and control relating
to the execution of the Works;
2.5.5 “The works” – Identified infrastructure & construction projects;
2.5.6 "the business of the parties" – in regard to John Dube Village Extension 1, the planning and
execution jointly with Phatsimo and Gonlizar as “leaders” of “the works” .
2.5.7 "The business of the joint venture" – the identification, marketing and execution of “the
works”;
2.5.8 "Confidential information" – confidential information of the respective parties includes, but
not limited to
–2.5.8.1 any information in respect of trade secrets, know-how, expertise, intellectual property,
patents, designs, processes, systems, business strategies, marketing strategies, promotional
strategies, financial models, inventions, long-term strategies and any other information of the
respective parties, whatever form it may be;
2.5.8.2 All internal control systems of the respective parties;
2.5.8.3 Information relating to the identity of third parties including, without limitation, customers,
suppliers and licensors of the respective parties;
2.5.8.4 The pricing methods, trade connections, the manufacturing procedures and the financial
and marketing operations of the respective parties; MM FM
2.5.8.5 the manner in which the respective parties may apply any information and / or knowledge,
irrespective whether the information and / or knowledge are confidential and provided for in this
interpretation and definitions clause or not, in the particular context of the parties' respective
businesses;
2.5.8.6 All information and date relating to the unique technologies and processes used by the
respective parties;
2.5.8.7 All information and data relating to the parties' respective financial results, structure,
operating profits, margins and costing;
2.5.8.8 All information and data relating to licenses and permits;
2.5.8.9. All other matters which relate to the business of the respective parties, which information is
not readily available in the ordinary course of business in which the respective parties have an
interest in being kept confidential;
2.5.9 “Day" – a calendar day, excluding Sundays and South African public holidays;