1 CONFIDENTIALITY
1.1 Marking Confidential Information. During this Agreement, each party may learn confidential business or technical information related to the disclosing party (“Confidential Information”). In order to be protected under this Agreement, the Confidential Information must be clearly marked as “confidential,” “secret” or with a similar legend. No party has any responsibility under this Agreement for any information that is not so marked at the time of disclosure. Any oral or visual disclosures must be designated as confidential at the time of the disclosure and confirmed as confidential in a written notice delivered within 10 days after the disclosure, describing the oral or visual information disclosed and stating that the information is confidential.
1.2 Nondisclosure. Each party shall protect the Confidential Information of the other party against unauthorized disclosure using the same degree of care, but no less than reasonable care as it uses to protect its own information of a similar kind. The Confidential Information may be disclosed to employees, affiliates, or consultants of the 1.1 recipient who have entered into nondisclosure agreements with the recipient. Supplier shall only use Faurecia’s Confidential Information for the benefit of Faurecia.
1.2 Confidentiality Period. The duty to protect Confidential Information expires 10 years after termination of this Agreement.
1.3 Exclusions. The obligations of confidentiality do not apply to information that (a) is generally known to the public or otherwise in the public domain other than through breach of confidentiality; (b) the other party can show was known to the recipient before receipt from the disclosing party; (c) is disclosed by a third party without breach of any obligation of confidentiality; (d) is independently developed by the recipient; or (e) is required to be disclosed by a court, administrative agency, or other governmental body, or by operation of law.
1.4 Return of Information. Upon termination of this Agreement, each party shall return or destroy the Confidential Information of the other party upon written request. If Supplier destroys information, Supplier shall provide a certificate of destruction at Faurecia’s request.
1.5 Other Nondisclosure Agreements. The parties may enter into other nondisclosure agreements or supplements governing specific disclosures. To the extent that the terms governing a specific disclosure are more restrictive than the terms of this Agreement, the more restrictive terms will control regarding the specific disclosure.
1.6 Publicity. The parties shall not disclose the existence or terms of this Agreement to any third party without the prior written consent of the other party, except as required by law or as necessary to comply with other obligations stated in this Agreement. Without limiting the foregoing, the parties shall not issue any press releases or other types of announcements related to this Agreement, or use the other party’s name or trademarks in connection with this Agreement without the prior written consent of the other party.