Second National Reconcilation Study EITI Peru - unofficial…

Consultoría para la Elaboración del Segundo Estudio Nacional de
Conciliación de la Iniciativa de Transparencia para las Industrias
Extractivas (ITIE) en el Perú (2008 – 2010) (continuación)
SIX.- RETURN OF INFORMATION
6.1. The parties expressly agrees that the Confidential Information written or contained in any mechanical,
electronic, magnetic, digital or similar support that ______] delivers to ERNST & YOUNG shall continue to
be propriety information of [______]. Therefore, ERNST & YOUNG shall use the Confidential Information
only for the purposes for which such Confidential Information was delivered to it.
6.2. The parties agree that the Confidential Information written or contained in any mechanical, electronic,
magnetic, digital or similar support will be returned by ERNST & YOUNG to [______] immediately upon
completion of the Services Contract, unless ERNST & YOUNG is expressly authorised in writing to keep
any such documentation, which authorisation shall detail the documentation which ERNST & YOUNG will
be allowed to keep. In any case, ERNST & YOUNG may keep copies of the Confidential Information that
allows performance of the Services Contract.
SEVEN.- DELIVERY OF INFORMATION BY LEGAL ORDER
7.1. In the event that ERNST & YOUNG is required by a court or an administrative order or by an order of a
different nature to disclose or deliver Confidential Information or any information pertaining to [______] or
the Services Contract, ERNST & YOUNG shall give [______] written notice immediately, provided such
notice is not forbidden by court, for [______] to take such protection measures as may be necessary.
7.2. In the event that ERNST & YOUNG is forbidden by court to give [______] notice of the requirement of the
competent authority to disclose or deliver Confidential Information or any information pertaining to
[______], ERNST & YOUNG shall take such protection measures as may be necessary so as to
safeguard the confidentiality of required information.
7.3. Should the protection measures referred to in the foregoing Sub-clauses fail to be obtained by [______] ,
EIGHT.- TERM
Ernst & Young may disclose only such information as may be strictly necessary, making its best efforts to
ensure that such information is afforded confidential treatment
This agreement shall be in force and effect during performance term of the Services Contract.
NINE. - GOVERNING LAW, SETTLEMENT OF DISPUTES AND JURISDICTION
9.1. The parties expressly agree that all provisions hereof shall be governed by the laws of the Republic of
Peru.
9.2. The parties agree that any doubt, dispute, disagreement or claim in connection with or arising from this
agreement , including the validity, effect of termination thereof, even in connection with the arbitration
award, shall be settled directly by the parties. For this purpose, the parties agree hereby to make their
best efforts, based on the rules of good faith and the common intent to settle any such possible situation.
Consultoría para la Comisión Multisectorial Permanente de la ITIE Perú
191