The Applicant shall pay to BP a fee (“Auction Information Fee”) of £1000 and shall pay to Sonatrach an Auction Information Fee of £1000 (in each case excluding VAT, if applicable) by such method as may be stipulated by the Auction Administrator from time to time. Upon receipt by BP and Sonatrach of their respective Auction Information Fee, the Auction Administrator shall be deemed to be authorised by BP and Sonatrach to provide a copy of the Auction User Guide to the Applicant. For the avoidance of doubt, no Auction Information Fee shall be payable by the Applicant in respect of any revisions or amendments to the Auction User Guide or the provision by the Auction Administrator of such revised or amended versions of the Auction User Guide to the Applicant.
3.1 Except with the prior written consent of the relevant Provider and subject to Section 3.3 (Permitted Disclosure) and as otherwise expressly permitted herein, each Party shall:
keep confidential, and shall not disclose, in whole nor in part, the Confidential Information to any third party (excluding the Terminal Operator and the other Parties to this Agreement);
not use the Confidential Information other than for the Approved Purpose;
keep secret and confidential any discussions or negotiations with regard to the Approved Purpose and not make any disclosure or announcement concerning, or otherwise publicise those discussions or negotiations;
keep the Confidential Information relating to each other Party and any copies thereof secure and in such a way so as to prevent unauthorised access by any third party;
not make any copies of Confidential Information or reproduce it in any form except for the purpose of supplying the same to those to whom disclosure is permitted in accordance with this Agreement;
inform the Provider immediately if the Recipient becomes aware that Confidential Information has been disclosed to an unauthorised third party; and
on request, supply a certificate confirming that, to the best of his knowledge, information and belief, having made all proper enquiries, the requirements of this Agreement have been fully complied with, provided that:
any Party may retain any Confidential Information relating to another Party as may be required by law; and
any Party’s advisers may keep one copy of any documents in their possession for record purposes without prejudice to any duties of confidentiality in relation to such Confidential Information contained in this Agreement.
Ownership of Confidential Information. The Confidential Information relating to the Provider shall remain the property of the Provider and its disclosure shall not confer on the Recipient any rights (including any intellectual property rights) over the Confidential Information whatsoever beyond those contained in this Agreement.
The provisions of Section 3 (Confidentiality) shall not restrict any disclosure:
Version 1.4 – 2 December 20085