Master Alliance Provisions Guide (MAPGuide)

US Department of Defense – Janssen, COVID-19 Vaccine Large Scale Manufacturing Agreement

  • Information & materials sharing | Confidentiality

<p><span style=”textdecoration: underline;”><b>VII. Confidential Informationb>span>p>
<p><b>VII.1 Authorized Disclosure. b><span style=”fontweight: 400;”>The Receiving Party shall not directly or indirectly, divulge or reveal to any person or entity any Confidential Information of another Party without the Disclosing Party&#8217;s prior written consent, or use such Confidential Information except as permitted under this Project Agreement. Confidential Information shall be subject to the same prohibitions on disclosure as provided for under FAR Part 24.202. Further, any reproduction of Confidential Information or portions thereof that is disseminated within the Government, CMF, or Janssen, shall be shared strictly on a need to know basis for the purposes of this Project Agreement and is subject to the restrictions of this provision. In addition to the above, Confidential Information is subject to the protections of the Trade Secrets Act as well as any other remedies available under this Project Agreement or the law.span>p>
<p><b>Section VII.2 Exclusions. b><span style=”fontweight: 400;”>Such obligation of confidentiality shall not apply to information which the Receiving Party can demonstrate through competent evidencespan><span style=”fontweight: 400;”>(i) was at the time of disclosure in the public domain; (ii) has come into the public domain after disclosure through no breach of this contract; (iii) was known to the Receiving Party prior to disclosure thereof by the Disclosing Party; (iv) was lawfully disclosed to the Receiving Party by a Third Party which was not under an obligation of confidence to the Disclosing Party with respect thereto; or (v) was approved for public release by prior written permission of the Disclosing Party.span>p>
<p><b>Section VII.3 Term. b><span style=”fontweight: 400;”>The obligations of the Receiving Party under this Article shall continue for a period of seven (7) years from conveyance of the Confidential Information.span>p>