【正文】 e other39。s request without expense to the requesting party.補充翻譯練習(xí)參考譯文1. 如果任何一方未在實質(zhì)性方面履行其在本協(xié)議項下的任何義務(wù)，或?qū)嵸|(zhì)性違反本協(xié)議規(guī)定的任一條款或保證，在不損害非違約方任何時候可享有的一切和任何其他權(quán)利和補償（包括但不限于要求賠償損失的權(quán)利）的情況下，非違約方可經(jīng)通知要求違約方履行其義務(wù)或糾正違約行為，或視違約方已否認(rèn)協(xié)議有效而取消本協(xié)議。本款規(guī)定賦予各方的權(quán)利，是對各方可能享有的其他權(quán)利的補充，而不是損害。2. 如果許可方或被許可方得知區(qū)域內(nèi)任何地方實際發(fā)生或似將發(fā)生的專利侵權(quán)行為，該方應(yīng)立即書面通知另一方。許可方有權(quán)利但無義務(wù)針對任何第三方提起侵權(quán)訴訟，并在訴訟中使用被許可方的名稱，以及指定被許可方為訴訟的當(dāng)事人，訴訟費由許可方負(fù)擔(dān)。3. 如果有第三方在區(qū)域內(nèi)任何地方就涉及產(chǎn)品的制造、使用、銷售、分銷或營銷，對許可方、被許可方、或被許可方的分被許可方或分銷商提起專利侵權(quán)訴訟，被訴方應(yīng)立即書面通知另一方。許可方有權(quán)但無義務(wù)對該等訴訟進行抗辯，費用由許可方自理。在任何該等訴訟中，許可方或被許可方中的一方應(yīng)另一方請求，應(yīng)向請求方提供協(xié)助并與請求方合作，但不得向其收取費用。3 Confidentiality翻譯練習(xí)1. Each Party undertakes with the other Party that it shall treat as strictly confidential all information received or obtained by it or its employees, agents or advisers as a result of entering into or performing this Agreement including information relating to the provisions of this Agreement, the negotiations leading up to this Agreement, the subject matter of this Agreement or the business or affairs of the other Party or any member of the other Party39。s group of panies and that it shall not at any time hereafter make use of or disclose or divulge to any person any such information and shall use its best endeavors to prevent the publication or disclosure of any such information. 各方向另一方承諾，其將對因簽訂或履行本協(xié)議而由其或其雇用、代理人或顧問得到或獲得的所有信息，包括與本協(xié)議的規(guī)定、為達(dá)成本協(xié)議進行的談判、本協(xié)議的標(biāo)的、或另一方的或另一方集團公司任一成員的業(yè)務(wù)或事務(wù)相關(guān)的信息嚴(yán)格保密，且在此后任何時候均不使用或向任何人披露或泄露任何該等信息，并竭力防止該等信息的公布或披露。2. From and after the date of this Agreement, Party A shall, and shall cause its affiliates and successors to, use the same efforts to maintain the confidentiality of any Confidential Information as Party A used to maintain the confidentiality of such information prior to the date hereof. Notwithstanding the foregoing, Party A and its affiliates and successors shall, after prior notice to, and consultation with Party B, be permitted to disclose any such Confidential Information to the extent legally required or necessary for obtaining appropriate regulatory licenses or approvals. 自本協(xié)議之日起及其后，甲方應(yīng)盡力并應(yīng)促使其關(guān)聯(lián)公司或承繼人盡力對機密信息進行保密，一如其在本協(xié)議之日前為該等機密信息保密。盡管有前述規(guī)定，甲方及其關(guān)聯(lián)公司和承繼人經(jīng)事先通知己方并與動方協(xié)商后，應(yīng)允許其僅按照法律要求，或為獲得有關(guān)管理部門的執(zhí)照或批準(zhǔn)而披露必須予以披露的任何該等機密信息。1. All Proprietary Information disclosed by either Party or its affiliates to the CJV in accordance with the provisions of this Contract and the Technology License Agreement and/ or the Trademark License Agreement to be entered into between an affiliate of Party B and the CJV on or about the date hereof substantially in the form attached hereto as Appendix X shall be used by the CJV and its personnel solely for the CJV39。s account and purposes. Each Party and any of its affiliates shall maintain the secrecy of all Proprietary Information that may be disclosed or furnished to it by the CJV or the other Party and its affiliates, and neither of the Parties or their affiliates shall disclose or reveal any such Proprietary Information to any third party without explicit written authorization from the other Party. Any Proprietary Information obtained by the CJV or a Party or its affiliates may be disclosed only to the designated employees of the CJV or that Party and its affiliates whose duties so require for the implementation of this Contract. The CJV and each Party and its affiliates shall take all reasonable precautions (including the conclusion of confidentiality contracts with each such employee) to prevent such employees from using and disclosing the Proprietary Information in contravention of this Article 3.2. Confidential Information means all documents, software and documentation, reports, financial or other data, records, forms, tools, products, services, methodologies, present and future research, technical knowledge, marketing plans, trade secrets, and other materials obtained by Consultant and Client from each other in the course of performing any Services, whether tangible or intangible and whether or not stored, piled, or memorized physically, electronically, graphically, in writing, or by any means now known or later invented. Confidential Information includes without limitation records and information and Consultant39。s Information (i) that has been marked as proprietary or confidential。 (ii) whose confidential nature has been made known by Client or Consultant。 or (iii) that due to its character and nature, a reasonable person under like circumstances would treat as confidential. Notwithstanding the foregoing. Confidential Information does not include information which (i) is already known to the recipient at the time of disclosure。 (ii) is or bees publicly known through no wrongful act or failure of the recipient。 (iii) is independently developed by the recipient without benefit of the other party39。s Confidential Information。 or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other39。s Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. Consultant will deliver to Client all Confidential Information and all copies thereof (and all other property obtained from or through Client) when Client requests the same or immediately upon termination of this Agreement, whichever occurs earlier, except for one copy thereof that Consultant, may retain for its records. Neither party shall, except with respect to those of its employees with a need to know under this Agreement, use or disclose to any person, firm or entity any Confidential Information of the other party without such other party39。s express, prior written permission。 provided, however, that notwithstanding the foregoing, Consultant may disclose Confidential Information to the extent that it is required to be disclosed pursuant to a statutory or regulatory provision or court order. The confidentiality restrictions and obligation