Confidential Information delivered pursuant to this Agreement:
a)shall not be copied, distributed, disclosed, or disseminated outside of Recipient’s business organization, except as expressly allowed herein, in any way or form by Recipient without the express prior written consent of Owner, provided that Recipient shall be permitted to copy, distribute, disclose or disseminate Confidential Information to its Representatives who have a need to know the Confidential Information in regard to the Purpose. For the purposes of this Agreement, “Representatives” means, in respect of a Party, such Party’s affiliates, its and their respective directors, officers, employees and advisors (including financial advisors and legal counsel) and the directors, officers and employees of any such advisor;
b)shall be maintained in confidence using the same degree of care which Recipient employs with respect to its own Confidential Information, but in no event maintained with less than a reasonable standard of care as indicated by the circumstances, and may only be disclosed to those employees of Recipient who have a need to know same in order to use same for the Purpose, and have been informed of the obligations of this Agreement and are subject to obligations of confidentiality consistent herewith; or as necessary in accordance with government rules and/or regulations or by order of a court or governmental agency; or in the case of Chung-Hsin, to employees of or consultants to its parent, companies under common control and affiliated companies who have a need to know same in order to advise Chung-Hsin with respect to the Purpose and who agree to observe the obligations hereof; and
c)shall remain the property of and be returned to Owner (along with all copies thereof, including all copies stored in electronic data systems) one (1) copy of such Confidential Information (including notes or extracts thereon) may be retained by counsel to Recipient and or Recipient’s affiliates (which may be in-house counsel) for archival purposes only; and provided further that within thirty (30) days after receipt by Recipient of a written request from Owner or upon expiration of this Agreement. At the conclusion of the use of Confidential Information received from Owner, or termination of this Agreement as set forth elsewhere in this Agreement, Recipient shall ensure that all copies of all Confidential Information, whether or not incorporated in other programs, data compilations, or otherwise intermingled with data not subject to this Agreement, shall be removed from all electronic data systems and storage media.