CONFIDENTIALITY CLAUSE

This document contains certain information that Dave Kissoondoyal considers to be proprietary and/or confidential.  Such information may include, but is not limited to, secrets, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, diagrams, business activities and operations, reports, studies and other technical and business information (hereinafter referred to as “Confidential Information”). This information is intended solely for the purpose of evaluating Dave Kissoondoyal’ s application for nomination in the “An Outstanding Young Person” – AOYP Award.

1.Protection of Confidential Information. Dave Kissoondoyal claims its Confidential Information as a special, valuable and unique asset. Accordingly, the “Jeune Chambre Economique de Maurice”, organiser of the AOYP Award, receiving such Confidential Information, together with its officers, directors, agents and employees shall:

a) keep in confidence all Confidential Information it receives, and that it will not directly or indirectly disclose to any third party or use for its own benefit, or use for any purpose other than the evaluation of the Confidential Information it receives;

b) restrict disclosure of the Confidential Information to the Members of the Jury and  minimum number of employees, directors, officers, advisors (both lawyers and accountants) or their representatives, and management consultants (who are personally committed to maintain the Information in confidence and understand the confidential nature of such information.

c) advise employees, et. al., who receive the Confidential Information under paragraph 1(b) above of their binding obligations with respect to such Confidential Information and take all reasonable measures to protect the confidentiality of such Confidential Information;

d) use the Confidential Information only as needed to complete an evaluation of the Confidential Information, and in particular, not reverse engineer the Confidential Information for any purpose whatsoever at any time; and

e) use reasonable care to protect the Confidential Information, and in no event use less than the same degree of care to protect the Confidential Information as it would employ with respect to its own information of like importance, which it does not desire to have published or disseminated.

2. Limitations on Confidential Information. Confidential Information shall not include information:

·         which the “Jeune Chambre Economique de Maurice” knows is free of any obligation to keep it confidential, as evidenced by written records;

·         is or becomes publicly available through authorized disclosure;

·         which the “Jeune Chambre Economique de Maurice”  independently develops without the use of any Confidential Information; or

·         which the “Jeune Chambre Economique de Maurice”  rightfully obtains from a third party who has the right to transfer or disclose it.

The above limitation shall apply only to the portion of Confidential Information that falls within one or more of the above exceptions.