VN_Mutual+NDA+for+RD+and+purchasing+12May2008

VN_Mutual+NDA+for+RD+and+purchasing+12May2008 - 1(5 MUTUAL...

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1 (5) MUTUAL NON-DISCLOSURE AGREEMENT This Mutual Non-Disclosure Agreement (“Agreement”) is entered into by and between NOKIA SIEMENS NETWORKS TECHNICAL SERVICES VIETNAM COMPANY LIMITED , a corporation validly organized and existing under the laws of Vietnam, having its principal place of business at 8 th floor, Ocean Park Building, 1 Dao Duy Anh St., Hanoi, Vietnam, including its Affiliates ("Nokia Siemens Networks"); of the first part Dolong JSC, a corporation validly organized and existing under the laws of Vietnam having its principal place of business at No 39 ., Thoquan alley., Khamthien Str., Dongda dist.,Hanoi, business identity code [ ] (“Company”) Hereinafter referred to as “Party” or “Parties” respectively WHEREAS: (A) For the purpose of discussions concerning any discussion of information that related to business of between two party here and the possible business relationship which is a consequence of said discussions (hereinafter "Purpose"), (B) The Parties may, in conjunction with the Purpose and for their mutual benefit, disclose to each other information which the Parties regard as confidential and the Parties are willing to undertake to restrict the use and further disclosure of such information. NOW THEREFORE IT IS HEREBY AGREED: 1. “Information” shall mean any technical and/or commercial information relating to the disclosing Party’s or any of its Affiliates’ businesses, facilities, products, services, techniques and processes in whatever form, including but not limited to oral disclosure, electronic communication, demonstration, device, apparatus, model, sample of any kind, computer program, optical or magnetic medium, document, specification, circuit diagram, or drawing (including but not limited to information of a general nature or information not necessarily in the form as applied to wireless or fixed telecommunications systems) and visual observation of the aforesaid which is proprietary to the disclosing Party or to its Affiliates or to a disclosing Party’s or its Affiliates’ licensors, contractors or customers (hereinafter "Information"). 2. “Affiliate” of a Party shall mean an entity (i) which is directly or indirectly controlling such Party; (ii) which is under the same direct or indirect ownership or control as such Party; or (iii) which is directly or indirectly owned or controlled by such Party. For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50 %) or more of votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body. 3. The receiving Party shall a. keep confidential all Information received by it from the disclosing Party with the same degree of care as is used with respect to the receiving Party's own equally Mutual NDA for R&D and purchasing 1.0 Proprietary and Confidential Nokia Siemens Networks
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2 (5) important confidential information to avoid disclosure to any third party, but at least
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This note was uploaded on 04/13/2010 for the course FINANCE 414 taught by Professor Finance during the Spring '10 term at Abraham Baldwin Agricultural College.

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VN_Mutual+NDA+for+RD+and+purchasing+12May2008 - 1(5 MUTUAL...

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