Gala Performance is a subsidiary company of Gala Tent Ltd and thus subject to the same Terms and Conditions (See Below)
- (Receiving Party = The Buyer or potential business partner, subcontractor or any person or any company receiving information in any format whatsoever from the Disclosing Party).
- (Disclosing Party = The Seller, Gala Tent Ltd or any other company part of the Mace Group (UK) Ltd group of companies)
- The Receiving Party has purchased an item or requested the disclosure of certain Confidential Information concerning certain aspects of the operation and business of the other party so that the parties may discuss and evaluate the same for the purpose of potentially entering into and performing the Purpose.
- As a precondition to and in consideration of such Confidential Information being made available, the Receiving Party have agreed this Confidentiality Agreement and at all times to perform its obligations and comply with the undertakings contained in this Agreement.
- “Confidential Information” means any and all information of a confidential nature (whether oral, visual, recorded in writing or electronically or otherwise in any medium or media) including, but not limited to, any such information in respect of the operation and/or business activities of the Disclosing Party and/or its holding and/or subsidiary companies, all technical, patents, patents pending, operational, commercial, marketing and sales information, all data and know-how, trade secrets, working practices, customer or supplier information, information regarding software, computer systems and software related documentation and any other information which might reasonably be expected to be of a confidential nature, including without limitation the fact of the discussions, purchases and negotiations relating to the purpose between the parties are taking place;
- “Holding” or “subsidiary company” shall have the meanings given in sections 736 and 736A of the Companies Act 1985;
- “Parties” means the Buyer and Seller collectively and “party” shall be construed accordingly;
- “Purpose” means discussions between the parties.
- The Receiving Party hereby acknowledges, agrees and undertakes that, they have read and understand and agree to this Confidentiality Agreement and any release of any Confidential Information by the other party (the “Disclosing Party”), is bound by this agreement
- (a) return all documents and product material containing all or extracts of the Confidential Information to the Disclosing Party without keeping any copies (save as expressly required by applicable statute or regulation) and will certify to the Disclosing Party in writing that all such Confidential Information has been delivered; or
- (b) destroy all documents and product material containing all or extracts of the Confidential Information without keeping any copies (save as required by applicable statute or regulation) and will certify to the Disclosing Party in writing that all such Confidential Information has been destroyed;