<|begin_of_text|><|start_header_id|>system<|end_header_id|>Autocomplete the given text which is the part of a Non disclosure agreement.<|eot_id|>
        <|start_header_id|>user<|end_header_id|>NON-DISCLOSURE AGREEMENT entered into by and between TRANSNET LIMITED Registration Number 1990/000900/06 (hereinafter referred to as “Transnet") and ………………………………………………...................…….. Registration Number  (hereinafter referred to as the "Company") RFP / Agreement Number ………………………….. Commencement Date ………………………….….…. Expiry Date …………………………………..……….… Non-Disclosure Agreement TABLE OF CONTENTS 1 Interpretation ..............................................................................................................................3 2 Confidential Information................................................................................................................4 3 Records and return of Information ..................................................................................................5 4 Announcements ...........................................................................................................................5 5 Duration .....................................................................................................................................5 6 Principal......................................................................................................................................5 7 Adequacy of damages...................................................................................................................5 8 Privacy and Data Protection ...........................................................................................................6 9 General.......................................................................................................................................6 THIS AGREEMENT is made at …………….……………….….…... on the ….. day of …..…………………………….….. 2009 BETWEEN: Transnet Limited (“Transnet”) (Registration No. 1990/000900/06) whose registered office is at 49th Floor, Carlton Centre, 150 Commissioner Street, Johannesburg 2001, and ……………………………………..……. (“the Company”) (Registration No ………………………) whose registered office is at ………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………… WHEREAS Transnet and the Company wish to exchange Information (as defined below) and it is envisaged that each party may from time to time receive Information relating to the other in respect thereof. In consideration of each party making available to the other such Information, the parties jointly agree that any dealings between them shall be subject to the terms and conditions of this Agreement which themselves will be subject to the parameters of the Proposal. IT IS HEREBY AGREED 1 INTERPRETATION In this Agreement:- 1.1 “Agents” means directors, officers, employees, agents, professional advisers, contractors or sub-contractors, or any Group member; 1.2 “Confidential Information” means any information or other data relating to one party (the “Disclosing Party”) and/or the business carried on or proposed or intended to be carried on by that party and which is made available for the purposes of the Proposal to the other party (the “Receiving Party”) or its Agents by the Disclosing Party or its Agents or recorded in agreed minutes following oral disclosure and any other information otherwise made available by the Disclosing Par<|eot_id|>
        <|start_header_id|>assistant<|end_header_id|>ty or its Agents to the Receiving Party or its Agents, whether before, on or after the date of this Agreement, and whether in writing or otherwise, including any information, analysis or specifications derived from, containing or reflecting such information but excluding information which:- a) is publicly available at the time of its disclosure or becomes publicly available (other than as a result of disclosure by the Receiving Party or any of its Agents contrary to the terms of this Agreement); or b) was lawfully in the possession of the Receiving Party or its Agents (as can be demonstrated by its written records or other reasonable evidence) free of any restriction as to its use or disclosure prior to its being so disclosed; or c) following such disclosure, becomes available to the Receiving Party or its Agents (as can be demonstrated by its written records or other reasonable evidence) from a source other than the Disclosing Party or its Agents, which source is not bound by any duty of confidentiality owed, directly or indirectly, to the Disclosing Party in relation to such information; 1.3 “Group” means any subsidiary, any holding company and any subsidiary of any holding company of either party; 1.4 “Information” means all information in whatever form including, without limitation, any information relating to systems, operations, plans, intentions, market opportunities, know-how, trade secrets and business affairs whether in writing, conveyed orally or by machine-readable medium; and 1.5 “Proposal” means Transnet’s Request for Information (RFI) and/or Request for Quotation (RFQ) and/or Request for Proposal or Tender (RFP). 2 CONFIDENTIAL INFORMATION 2.1 All Confidential Information given by one party to this Agreement (the “Disclosing Party”) to the other party (the “Receiving Party”) will be treated by the Receiving Party as secret and confidential and will not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose (whether in writing or orally or in any other manner) Confidential Information to any other person other than in accordance with the terms of this Agreement. 2.2 The Receiving Party will only use the Confidential Information for the sole purpose of technical and commercial discussions between the parties in relation to the Proposal or for the subsequent performance of any contract between the parties in relation to the Proposal. 2.3 Notwithstanding clause 2.1 above, the Receiving Party may disclose Confidential Information<|eot_id|>