Page 8 - JOINT VENTURE AGREEMENT FOR THE EXECUTION OF BATCHES OF 10 000 AND R_Neat
P. 8
11.2 The parties shall not use or disclose or attempt to use or disclose the confidential information
for any purpose, other than the purpose of the joint venture.
11.3 The parties shall not use or attempt to use each other's confidential information in any manner
which will cause injury or loss to such party.
11.4 The parties shall furnish each other with a list of their employees, officers, advisors or agents to
whom confidential information will be made available and such persons shall be required to sign a
secrecy undertaking not to disclose any of the confidential information, and no such person shall be
entitled to any confidential information until such secrecy undertaking has been signed.
11.5 All confidential information furnished by the parties to one another pursuant to this agreement
will remain the property of such party and upon the written request by such party will be returned
by the other party within 48 (forty eight) hours of the date of receipt of such request. The parties
will not make copies of any such documentation without the prior written consent of the party
affected thereby save to the extent reasonably necessary for use by such party for the purpose of
the joint venture.
11.6 Any material of a confidential nature which comes into the possession of any of the parties by
another or one of its agents or employees, or which is generated by such party, or one of its agents
or employees, after the effective date:
11.6.1 Shall be deemed to form part of the confidential information of such party;
11.6.2 Shall be deemed to be the property of such party;
11.6.3 Shall not be copied, reproduced, published or circulated by the other party without the
written consent; and
11.6.4 Shall be surrendered to such party in terms of clause
15.7 Above; unless such party provides its prior written consent to the contrary.
12. BREACH
12.1 In the event of either of the parties to this agreement (the defaulting party) committing a
breach of any term or condition of this agreement, the other party to the joint venture not in default
(the aggrieved party) will be entitled to give to the defaulting party 14 (fourteen) days notice in
writing to remedy such breach. MM FM
12.2 In the event of the defaulting party failing to comply with such notice within 14 (fourteen) days
of receipt of such notice or in the event of such breach not be incapable of being remedied, then the
aggrieved party will be entitled to cancel this agreement, or, alternatively, to claim immediate
performance from the defaulting party of all of its obligations in terms of this agreement, whether
or not the same are then due for performance. The aforegoing is without prejudice to such rights
the aggrieved party may have at law, including the right to claim damages.
13. DISPUTE RESOLUTION MECHANISM
13.1 If any dispute arises between the parties in respect of this agreement, or the interpretation
thereof, the party claiming such dispute, shall advise the other party in writing of the dispute. Within