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Aaa Confidentiality Agreement

Therefore, taking into account the mutual promises, obligations, terms and conditions contained therein, once signed by the parties, this Agreement constitutes the entire agreement of such parties who intend and are bound by this Agreement. AAA services include: AAA Arbitration, AAA Education Services, AAA Election Services, AAA Independent Fact-Finding, AAA Med-Arb, AAA Mediation, AAA Negotiation and Meeting Facilitation, AAA Partnering, AAA Publications. The largest OER provider, AAA, has a network of offices in the United States and offices in Singapore, Mexico City and Manama, Bahrain. Each year, the AAA handles approximately 150,000 cases. The AAA has more than 65 cooperation agreements with more than 45 countries and a panel of approximately 7,500 arbitrators and mediators. There are currently more than 550 AAA employees and hundreds of former AAA employees, many of whom have remained in the ADR space. In addition to a Board of Directors of over 90 people, the AAA regularly interacts with hundreds of national and regional advisory committees and working groups. The first of these reasons is that nothing in the rules of the American Arbitration Association (which governs most arbitrations) requires absolute confidentiality. For example, the AAA`s rules for large and complex cases only state that the arbitrator “shall maintain the confidentiality of hearings, unless the law provides otherwise.” See aaa Commercial Arbitration Rules and Mediation Procedures R-25. The key word here is the confidentiality of “hearings,” which limits the scope of the rule. Of course, in arbitration that has an impact on confidentiality, there is much more happening than hearings. While the rule implies that an arbitrator should normally limit the persons attending the final hearing in the arbitration to parties and important witnesses, there is nothing in the rules to require that pleadings, allegations or results remain confidential.

And there is no standard rule preventing those present at the arbitration from disclosing in a public forum what happened during the proceedings. These measures will significantly increase the likelihood that private arbitration will remain private. Finally, the arbitrators derive their authority from the contract containing the arbitration agreement. If this agreement provides for certain procedures or rules that, in turn, do not violate an AAA rule, the agreement controls the parties. Therefore, privacy planning from the outset provides the best strategy to protect client secrecy in arbitration. 1.02 “Confidential Information” means any proprietary and/or classified information owned or controlled by KPSG that is discussed or disclosed during a discussion or otherwise in connection with the purpose or that is determined by the receiving party in connection with its due diligence investigations or discussions with KPSG representatives. Confidential information includes, but is not limited to, all communications from KPSG to the receiving party in any form, including, but not limited to, all oral, written and machine-readable forms, video, audio, tophonorecord, recorded media, drawings, schematics, samples, devices, software, formulas, chemical materials, intellectual property protection applications, services, processes, procedures, trade secrets, intellectual property Ownership, pricing, costs, business or strategic plans and marketing or advertising strategies. Confidential information includes, but is not limited to, any information relating to KPSG`s activities, equipment or operations, including trade secrets or confidential information in designs, drawings, specifications, techniques, models, data, documentation, software, diagrams, flowcharts, research, development, software, processes, marketing procedures, know-how, manufacturing, development or marketing techniques and materials, or Marketing calendars, development strategies and plans, names of customers, suppliers or staff and other information relating to customers, suppliers or personnel, pricing policy, financial information and other information of a similar nature, whether or not reduced to written or other material forms, and other trade secrets. No information is confidential information that the receiving party can prove by written documentation: (a) was publicly available at the time of the effective date or is publicly available other than as a result of disclosure by the receiving party in violation of this Agreement; (b) was in the possession of the receiving party prior to disclosure by KPSG under this Agreement; (c) have been lawfully obtained by the receiving party from a third party without any obligation of confidentiality and which it has not acquired directly or indirectly from KPSG pursuant to an obligation of permanent confidentiality; (d) has been developed by or for the receiving party independently of persons who do not have access to, use or knowledge of the Confidential Information; or (e) is disclosed in accordance with the law. The AAA has developed the ClauseBuilder online tool® – a simple and self-directed process – to help individuals and organizations develop clear and effective arbitration and mediation agreements.

2.03 The Receiving Party undertakes to keep all Confidential Information strictly confidential and not to disclose any of the Confidential Information to any person or person, with the exception of employees of the Receiving Party (the “Representatives”) who have a specific need to know such Information for the limited purpose of assessing the purpose, who are aware of the confidentiality of the Confidential Information, and have agreed in writing to be bound by written terms that are at least as restrictive of the disclosure and use of Confidential Information as those set forth in this Agreement. The receiving party is responsible for any breach of these confidentiality restrictions by any of its employees or independent contractors or subcontractors, if any, who access the Confidential Information and will indemnify KPSG for all damages, expenses and losses (including reasonable attorneys` fees) arising out of or related to them. 2.05 In the event that Confidential Information is required to be disclosed in accordance with the laws, regulations or judicial or administrative procedures of the State, the receiving party shall immediately inform KPSG of such a request and allow KPSG to protect the Confidential Information prior to such disclosure. The receiving party will consult KPSG on whether to take legally available measures to resist or restrict such a request. The receiving party shall cooperate fully in seeking a protection order or other assurance that the confidential information to be disclosed will be treated confidentially if KPSG requests such an order or insurance. In the event that such a protection order or other remedy is not obtained or KPSG waives compliance with the provisions of this Agreement, the receiving party and its employees and agents agree to provide only the portion of the Confidential Information required by law. In addition, such confidential information shall continue to be treated by the receiving Party as confidential information for any other purpose. Confidential information that must be disclosed is not considered to be in the public domain because of such disclosure. 6.11 Alternative Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement and the document to which this Agreement applies, or its breach, including the validity, scope, applicability, and arbitral of this Arbitration Agreement, shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then applicable AAA Commercial Arbitration Rules. .

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