- The Client shall maintain the strict confidentiality of any information concerning the Company or any information that the Client may obtain or come across in the course of this pre-qualification process. The Client shall not disclose this information to other persons or companies without the prior written consent of the Client.
- Confidential Information shall also include, without limitation, all information relative to the business/es of the Client (including its parent company, affiliates and subsidiaries), business plan, strategies, affiliations, customer lists, characteristics, and identities, technical information and know-how, performance or process data, marketing plans, corporate existence, ownership and governance, products and services (now existing or proposed), any and all information generated by such products or services, financial information, system or program specifications and business methods, which are clearly classified and marked as or made known to be “Confidential”, “Private” or “Proprietary”. Any oral disclosure of confidential information shall be summarized in writing as soon after the disclosure is feasible. Confidential Information shall also include the fact that discussions are taking place between the Parties concerning the Project and the status and content thereof, whether or not any Project is completed.
- Except with the prior written consent of the Company, the Client nor any of its Representatives shall disclose to any third party the Confidential Information or the fact that the Company has made the same available or accessible to the Company or any of its representatives for purposes stated herein.
- The Client shall not have any obligation with respect to any transaction and/or contract by virtue of this Agreement unless and until a definitive written agreement between them has been executed.
- The agreement and obligations of the Company under this agreement will govern the termination of this pre – qualification process and if the Company is awarded a project, this agreement shall likewise be made a formal reference as part of tender and contract documents.
- It is understood and agreed that monetary damages may not be a sufficient remedy for any breach of this Agreement and that the parties may be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach.
- Neither party may assign or transfer this Agreement in whole or in part without the prior written consent of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the successors and assigns of each party.
- The Agreement shall be governed and construed in accordance with the laws of the Philippines and venue of litigation shall be in the Philippines.
- The company hereby agrees and follow the consumer act of the Philippines as the governing law that protects the right of the consumer.
- Should any portion of this Agreement be declared by any court of law as illegal, invalid or ineffective, the portions not so declared shall remain effective and valid and binding on the parties. The Parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
- No waiver by either party of any term or condition hereof shall be valid unless made in writing signed by an authorized representative of that party. No waiver on any one occasion shall be effective to waive that or any other term or condition on any other occasion. Non-exercise of any remedy by either party on one occasion shall be deemed an exclusive election of that remedy on that or any other occasion. All modifications to this Agreement shall be in writing and signed by authorized representatives of both parties. No oral agreement, statement or representation shall be effective.
RELEASE OF CONFIDENTIAL INFORMATION
NO COMMITMENT TO ENTER INTO A TRANSACTION OR CONTRACT
SUCCESSORS AND ASSIGNS
GOVERNING LAW and VENUE
CONSUMER ACT OF THE PHILIPPINES
MUTUAL WAIVER; MODIFICATION