10.3.3 is independently developed by the Receiving Party without reference to the Confidential Information; 10.3.4 is authorised for release by the written consent of the Discloser; or 10.3.5 disclosure is required to ensure the compliance of either party with the Freedom of Information Act 2000. 10.4 Nothing in this Clause 10 (Confidentiality and Intellectual Property) shall prevent the Recipient from disclosing Confidential Information where it is required to do so by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law. 10.5 Nothing in this Clause 10 (Confidentiality and Intellectual Property) shall prevent the Recipient from disclosing Confidential Information as is reasonably requested by Permitted Third Parties in accordance with the provisions of Clause 16.6 (Information and Monitoring), provided that such Permitted Third Parties undertake to observe like obligations of confidentiality as are herein contained in respect of such Confidential Information. 10.6 Any samples, plans, drawings or information relating to the Services supplied to or specifically produced by one Party for the other, together with the copyright, design rights or any other intellectual property rights in the same, shall be the exclusive property of the Disclosing Party and shall be used solely by the Receiving Party for the purposes of this Agreement. 10.7 The Receiving Party shall indemnify the Disclosing Party and shall keep the Disclosing Party indemnified against Losses and Indirect Losses suffered or incurred by the Disclosing Party as a result of any breach of this Clause 10 (Confidentiality and Intellectual Property). 10.8 The Parties acknowledge that damages will not be an adequate remedy for any breach of this Clause 10 (Confidentiality and Intellectual Property) by the Receiving and in addition to any damages the Disclosing Party shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Clause 10 (Confidentiality and Intellectual Property). 10.9 The obligations contained in this Clause 10 (Confidentiality and Intellectual Property) survive the expiry or termination of this Agreement for any reason for a period of ten (10) years. 11. DATA PROTECTION 11.1 Both Parties must protect Personal Data (as defined by the General Data Protection Regulation) in accordance with the provisions of and principles of Data Protection Laws and each
10.3.3 is independently developed by the Receiving Party without reference to the Confidential Information; 10.3.4 is authorised for release by the written consent of the Discloser; or 10.3.5 disclosure is required to ensure the compliance of either party with the Freedom of Information Act 2000. 10.4 Nothing in this Clause 10 (Confidentiality and Intellectual Property) shall prevent the Recipient from disclosing Confidential Information where it is required to do so by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law. 10.5 Nothing in this Clause 10 (Confidentiality and Intellectual Property) shall prevent the Recipient from disclosing Confidential Information as is reasonably requested by Permitted Third Parties in accordance with the provisions of Clause 16.6 (Information and Monitoring), provided that such Permitted Third Parties undertake to observe like obligations of confidentiality as are herein contained in respect of such Confidential Information. 10.6 Any samples, plans, drawings or information relating to the Services supplied to or specifically produced by one Party for the other, together with the copyright, design rights or any other intellectual property rights in the same, shall be the exclusive property of the Disclosing Party and shall be used solely by the Receiving Party for the purposes of this Agreement. 10.7 The Receiving Party shall indemnify the Disclosing Party and shall keep the Disclosing Party indemnified against Losses and Indirect Losses suffered or incurred by the Disclosing Party as a result of any breach of this Clause 10 (Confidentiality and Intellectual Property). 10.8 The Parties acknowledge that damages will not be an adequate remedy for any breach of this Clause 10 (Confidentiality and Intellectual Property) by the Receiving and in addition to any damages the Disclosing Party shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Clause 10 (Confidentiality and Intellectual Property). 10.9 The obligations contained in this Clause 10 (Confidentiality and Intellectual Property) survive the expiry or termination of this Agreement for any reason for a period of ten (10) years. 11. DATA PROTECTION 11.1 Both Parties must protect Personal Data (as defined by the General Data Protection Regulation) in accordance with the provisions of and principles of Data Protection Laws and each
EHC-Sub-Contract.docx