7- a7 confidentiality statement
TRANSCRIPT
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8/4/2019 7- A7 Confidentiality Statement
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CONFIDENTIALITY STATEMENT
This STATEMENT is signed this .th day of 2009, by , a company having its seat
in .., lawfully represented by Mr/s .. in his/her capacity as
... (hereinafter the Transport Operator),
Given that CARREFOUR MARINOPOULOS SA, 9, Kanari Street, Athens as lawfully represented
(hereinafter CARREFOUR) has sent to the Transport Operator a Notification to Tender dated, dated 18
December 2009,
The 3PL Operator represents and warrants that:
1. CARREFOUR and the 3PL Operator have an interest in exploring and studying a possible business
relationship that would entail the exchange of data and information between the two parties via a tender of
which the 3PL Operator has been notified via the above mentioned Notification to Tender, dated 06
September 2010 (hereinafter the Project).
In order for the parties to explore this relationship, it will be necessary for CARREFOUR to disclose certainConfidential Information (as hereinafter indicatively defined) to the other. The term Confidential
Information means on the one hand the fact that the parties have entered into negotiations for the Project
and on the second hand all, but not limited to, information, specifications, plans, drawing, trade secrets,
records, data, business, marketing, financial records, operations and strategies, concerning the Project and/or
CARREFOURs business and operations.
2. All Confidential Information received by the 3PL Operator shall be used by same only for the purpose of
evaluating and completing the Project and shall not be divulged or communicated except as expressly
provided herein.
The 3PL Operator may disclose Confidential Information on a need to know basis to its officers, directors,employees, consultants and advisors (Representatives) who need to receive such information for purposes
of evaluation and completion of the Project; provided that such Representatives are bound by terms of
confidentiality and non-use consistent with those set forth in this STATEMENT. The 3PL Operator shall be
liable for any breach of such terms by any of its Representatives.
3. The obligations in Section 2 shall not apply to any information which:
is already public or becomes available to the public through no breach of any of the obligations described
herein;
or
was in the 3PL Operators possession by any lawful means prior to receipt from same, provided that such
Party can demonstrate such possession, at the time of receipt of such information.
4. If compelled by a requirement of a court, or by law or discovery to disclose any of the Confidential
Information, the 3PL Operator shall promptly notify CARREFOUR in writing prior to making any disclosure
in order to provide the latter a reasonable opportunity to either waive any objection to such disclosure or
request a remedy from the appropriate authority. If CARREFOUR waives its objections or is unsuccessful in
its request or fails to make such a request, the 3PL Operator will furnish only that portion of the Confidential
Information that is legally required.
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8/4/2019 7- A7 Confidentiality Statement
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5. Confidential Information shall remain the property of CARREFOUR at all times and, if in written or other
tangible form, shall be destroyed upon the 3PL Operators receipt of a written request to do so from
CARREFOUR, with such destruction certified by an authorized representative thereof. CARREFOUR may
at the time of disclosing Confidential Information in a written or other tangible format, request that the 3PL
Operator produces a receipt in writing to acknowledge receipt and record Confidential Information disclosed.
6. The 3PL Operator acknowledges that irreparable injury may result to CARREFOUR in the event of a
breach of the obligations contained in this STATEMENT on the part there and agrees that in the event of
such a breach, CARREFOUR shall be entitled, in addition to other remedies and damages available, to seek
an injunction to restrain the violations thereof by the 3PL Operator and all persons acting for and/or with the
3PL Operator.
7. Notices given under this STATEMENT shall be in writing and delivered by first class, certified mail to
each signatory at the addresses identified at the beginning of this STATEMENT unless changed by written
notice.
8. No failure or delay by CARREFOUR in exercising any right, power or privilege under this STATEMENT
shall operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other right orfurther exercise thereof or the exercise of any other right, power or privilege.
9. This STATEMENT shall be governed by and interpreted in accordance with the laws of Greece. The
jurisdiction in any action or proceeding matter of dispute related to this STATEMENT shall be exclusively in
the Athens courts, and the parties irrevocably agree to submit to the jurisdiction of the Athens courts.
10. Unless and until a written definitive agreement concerning the Project has been executed, CARREFOUR
nor its affiliates nor its or its affiliates Representatives shall have any legal obligation to the 3PL Operator
and/or the Representatives thereof of any kind whatsoever with respect to the Project, whether by virtue of
this STATEMENT (except as expressly provided herein), any other written or oral expression with respect to
the Project, or otherwise.
11. This STATEMENT shall have an indefinite duration.
For the 3PL OPERATOR
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