Opening of Bids - Commerce Center Arch Precast Concrete Panels Project No 119-030 - High Concrete Group LLC

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Non -disclosure Agreement This Agreement is made and entered into this _ day of 2018 by and between High Industries Inc. (hereinafter referred to as "High"), and (hereinafter referred to as 'X'). High and X are sometimes hereinafter individually referred to as "party" and collectively referred to as "parties". X is evaluating the financial condition of High as a subcontractor (hereinafter referred to as "the Discussions"). For the Discussions to be successful, X has requested that High provide certain financial information which High considers to be Proprietary Information (as that term is used below). High is willing to release the information to X on the condition that the Proprietary Information remain confidential and only be used as described herein. In consideration of the mutual promises contained herein and intending to be legally bound hereby, the parties agree as set forth following: All financial information (including without limitation financial statements, analysis, etc.) disclosed or furnished by High to X shall be deemed Proprietary Information. X agrees that it shall not disclose such Proprietary Information to any third party except to its advisors who have a need to know and from whom X will require confidentiality, nor use such Proprietary Information for any purpose other than in relation to the Discussions. X's duty to protect the confidentiality of Proprietary Information disclosed under this Agreement shall continue for three years after the date of the disclosure. 2. X shall protect the Proprietary Information in accordance with the terms of this Agreement and by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Proprietary Information as X uses to protect its own confidential information of a like nature. Notwithstanding the provisions of Paragraph 1 above, X shall have no obligations with respect to any information which (i) is or becomes within the public domain through no act of X in breach of this Agreement, (ii) is received from another source without any restriction on use or disclosure; or (iii) High approves in writing to be released. 4. This document contains the sole and entire Agreement between the parties relating to the subject hereof and any representation, promise, or condition not contained herein, or any amendment hereto shall not be binding on either party unless set forth in a subsequent written agreement signed by an authorized representative of the party to be bound thereby. This Agreement shall apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchange. Entered as of the day and year first above written by the duly authorized representatives of the parties. High Industries Inc. By: By: