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This Confidentiality Agreement (the “Agreement”), dated as of March 25, 2019 is entered
into between PT SUPARMA TBK (JL. MASTRIP 856, KARANG PILANG, SURABAYA,
JAWA TIMUR, Indonesia) (the "Company") and UL Responsible Sourcing Inc., (“UL RS”)
located at 2929 East Imperial Highway, Suite 100 Brea, CA 92821 USA for the exchange of
certain technical data and information and all copies and analysis derived thereof from (the
"Information") relating to the mutual evaluation of Social Audit (the “Evaluation”).
In consideration thereof and the economic importance of the Information and the evaluation
to the Company and UL RS., the disclosure shall be made on the following basis:-
1. UL RS, agrees, for a period of three (3) years following the date hereof, to retain in
confidence all Information disclosed to it by or on behalf of the Company, related to the
“Evaluation”, or any other supply to UL RS under this agreement, and that it will not, without
the written consent of the disclosing party, use Information supplied hereunder for any purpose
other than that indicated herein. This restriction shall not apply to Information:-
ii) which is made lawfully available to the receiving party by an independent third
party, or
iii) which is already in the receiving party's possession at the time of receipt from
the disclosing party (and such prior possession can be properly demonstrated by the
receiving party), or
5. UL RS Inc. and the Company acknowledge and expressly agree that any
Information disclosed by it in violation of this Agreement would be detrimental to
the other part’s business. In accordance with applicable law and in addition to any
other rights and remedies provided herein, the disclosing party shall be entitled to
secure equitable relief by way of injunction or otherwise and, notwithstanding
Paragraph 3, the receiving party will immediately return all Information and
materials received pursuant to this Agreement.