ีunless and until instructed in writing to the contrary by caterpillar company will not (a) use and caterpillar property except to conduct business with or on behalf of caterpillar (b) sell or transfer to a party other than caterpillar a product or process that incorporate caterpillar confidential information or caterpillar intellectual property (c) grant access to resources to any employee without a need thereof or to any third party except on prior written approval by caterpillar or (d) disclose to an third party any caterpillar property except to conduct business with or on behalf of caterpillar and provided that company has a confidentiality agreement in place with such third party to protect caterpillar property.
not with standing the foregoing company may disclose caterpillar confidential information or caterpillar intellectual property if it is disclosed pursuant to a valid court order or other government order provided that company will (i) prior to disclosing promptly notify caterpillar and give caterpillar an opportunity to object to such order (ii)inform the requesting body the nature of such caterpillar confidential information and/or caterpillar intellectual property and seek confidential treatment of such caterpillar confidential information and/or caterpillar intellectual property by the requesting body and (iii)disclose only such caterpillar confidential information and /or caterpillar intellectual property as is strictly required by such order