MICROSTAT LABS, Inc.
Confidentiality and Non-Disclosure Agreement
I. Introduction
This is an
Agreement between contracted laboratory project (Customer) _________________
and MicroStat Laboratories, Inc. (Company).
MicroStat
Laboratories, Inc. agrees not to disclose, reveal or impart customer
identifiable, quantitative test results on any contracted laboratory
project(s) for
_________________, without the prior, expressly written consent
signed by an authorized employee or agent of the (Customer).
Test data
gathered may be included in general studies, write-ups or papers
presented or written by MicroStat Laboratories, Inc., but the
customer name or the source relating to the published data may
not be divulged, indicated or identified, unless the expressly
written consent to divulge the customer source is given in advance
to any presentation or publication. This is to protect the disclosure
of any proprietary or confidential company information that may
be associated with specific customer test data and findings.
II. Agreement
In consideration
for have access to privileged, confidential information that arises
from performing contracted test projects for _______________.
MicroStat Laboratories, Inc. and it's employees, directors and
agents hereby agree not to disclose this information to any individuals
or third parties without prior written authorization from an authorized
agent or employee of the customer.
III. Trade
Secret
All customer
information relating to test data results and any proprietary
information regarding processing, formulation or defect(s) is
considered privileged and confidential information and is covered
under this document as a trade secret. No customer specific identification
of any data is allowed without expressly written authorization
from the customer to the Company.
IV. Attorney Fees
Should any
legal action arise in relation to this Agreement, the legally
prevailing party shall be entitled to recover it's full court
costs, related expenses and reasonable attorney's fees incurred.
In the event that reasonable fees are argued, a neutral arbitrator
will be used to determine the absolute reasonableness of fees
and related expenses.
V. Execution
This Agreement
is executed on ______________, 20__ and shall remain in effect
until the information included in any test results is no longer
a trade secret based on a five year post test date time period,
or until the Customer submits expressly written notice releasing
MicroStat Laboratories, Inc. from the confidentiality and non-disclosure
Agreement hereby signed, whichever occurs first.
_________________________ ____________________________
MicroStat Laboratories, Inc. ____________________________
Company Customer