Page 77 - Listing Partners Pre Listing Offering

To the nature of any such information does not affect, whether the information has been received from the Provider or from a third party.
Notwithstanding any other provisions hereof, Recipient shall not be liable for use, release or disclosure of any information that:
a) Is generally known or able to receive from public sources;
b) Becomes publicly known after signing this Agreement by other means than careless actions or neglect of Recipient or other violations against terms and nature of this Agreement;
c) Has demonstrably been in Recipients knowledge before releasing from Provider and that Recipient hasn’t direct or indirect received from Provider;
d) Recipient has received from a third party and this third party has got a right to release this information regardless of the obligation of confidentiality of the Recipient, presupposing that the third party releasing this information has not pointed any obligations to use or release this information;
e) Provider has approved in written form to be released or forwarded to the third party;
f) Becomes public or forced to be released to a third party due to a law, provision of a law, decision of a court or other formal decision of local and/or other authority.
Confidential Information that will be released to the Recipient will mean, but is not necessary limited to following issues that Recipient will get immediately after signing this Agreement;
• Descriptions of the technology, financing
• and investment information;
• Confidential information related to the business operations by Listing Partners LLC.
4. RELEASED CONFIDENTIAL INFORMATION AND THE TIME SCHEDULE TO RETURN IT
The Recipient commits to return to Provider all the Confidential Information when Provider so requests. The Recipient has no right to copy or other way duplicate or memorize the Information it has been given.
In case the Parties will mutually agree about the later utilization of the Information, the returning date will be agreed in writing simultaneously.
5. TIME OF CONFIDENTIALITY
Time of confidentiality will start when this Agreement becomes valid. The confidentiality obligations will remain valid five (5) years from the date of releasing the Information regardless of the validity of this Agreement. The time of confidentiality will however drop if this Information becomes public by actions of Provider or third party without any breach of this Agreement.
6. PENALTIES, INDEMNIFICATION AND THE BURDEN OF EVIDENCE OF THE RECIPIENT
Intentional or purposeless breach against this Agreement by the Recipient will lead an obligation to pay immediately to Provider penalty worth 50.000 (fifty thousand) USD, when this breach has been justified by court or by arbitration according to the Chapter 10.
Without any limitations set by penalty determined in previous chapter the Party that has breached this contract is also responsible to fully pay the highest direct and indirect harm as determined by court or arbitration as described in this Agreement. The Recipient is responsible to justify that he has not used any part of Confidential Information without justification.
7. OBLIGATION FOR CONFIDENTIALITY
The Recipient commits to keep the confidential Information that belongs to the Provider confidential and not to release or forward or any other way to give it to a third party. The Recipient commits not to use the confidential Information to any other use than described in either chapter 3 of this Agreement or in the co- operation Agreement between the Parties.
If fulfilling of this or the co-operation agreement between the Parties insists releasing or forwarding confidential Information to third parties like subcontractors or consultants of Recipient, Recipient commits to keep this forwarded Informa- tion as minimal as is definitely required to fulfill the purpose of this Agreement or the object of any such sub-contract or work.
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