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20251021_NTBK_Tanggapan atas Permintaan Penjelasan Bursa_31978697_lamp2.pdf
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Page 1 OCR 0.925
OFFICIAL export finance australia MUTUAL NON-DISCLOSURE AGREEMENT The Commonwealth of Australia represented by the Export Finance Australia (“EFA”), ABN: 96 874 024 697, Level 10/22 Pitt St, Sidney NSW 2000, Australia: And PT Nusatama Berkah Tbk. (“NTBK”), NIB: 9120 307171686, 18 Office Park 6" Floor Suite C, Jl. TB Simatupang Kav. 18, Jakarta 12520, Indonesia: Each of the above are individually referred to as a “Party” and collectively as the "Parties”. BACKGROUND The Parties want to discuss a Project (defined below) and want to disclose to each other Confidential Information (defined below) about the Project. By entering into this Agreement, the Parties seek to protect the confidentiality of the Confidential Information. The Parties AGREE: 1. DEFINITIONS “Agreement” means this mutual non-disclosure agreement, including any attachments, “Confidential Information” means any information which: (a) is designated by a Party as confidential: or (b) the other Party knows or ought to know is confidential, but does not include information which is already known by the receiving Party at the time it is disclosed or which becomes public knowledge other than by a breach of this agreement. “Project” means ELECTRIC VEHICLES - TRUCK MANUFACTURING & SALES 2. CONFIDENTIALITY OBLIGATIONS 21 Each Party (the "Teceiving Party") agrees to protect the other Party's (the “disclosing Party”) Confidential Information in the same manner that it protects its own proprietary and confidential information but in no event shall either Party exercise less than reasonable care. 2.2 Confidential Information of or about the disclosing Party may only be used, copied, reproduced or disclosed by the receiving Party: (a) to the extent necessary for the Project: (b) where expressly permitted under this Agreement: (c) with the prior written consent of the disclosing Party: or (d) otherwise as reguired by law or pursuant to a subpoena or other validly issued judicial or administrative process. 2.3 Without limiting the generality of the above, the receiving Party may disclose Confidential Information: (a) to its legal or other advisers or auditors, provided the adviser or auditor is subject to confidentiality obligations that are satisfactory to the other Party: or (b) by Austrade to the responsible Minister orin response to a reguest by a House or Committee of the Parliament of the Commonwealth of Australia. 3. DURATION Unless the Parties agree otherwise in writing, this Agreement continues in force for (Six (6)J month from the date on which the last Party signs it. 4. RETENTION AND RETURN OF CONFIDENTIAL INFORMATION 4. The receiving Party may retain copies of the disclosing Party's Confidential Information as necessary for legal compliance, audit and guality assurance purposes, but will not disclose those copies except to the extent permitted by this Agreement. 4.2 Subject to clause 4.1, the receiving Party agrees to return (or destroy, at the disclosing Party's option) all copies of the other Party's Confidential Information on the earlier of: Page1of 2 OFFICIAL 1
Page 2 OCR 0.919
OFFICIAL export finance australia ta) completion of the Project, or (b) reguest by the disclosing Party. 5. NO LICENSES OR FURTHER COMMITMENTS 5.1 Each Party retains all right, title and interest to their respective Confidential Information. Nothing in this Agreement grants to the receiving Party a licence in connection with the other Party's intellectual property rights. 5.2 Nothing in this Agreement or the relationship created by it obliges a party to pay any amount to the other. 5.3 Nothing in this Agreement or the relationship created by it constitutes any commitment by either Party to enter into any other commercial arrangement with the other Party. The Parties acknowledge that either Party may enter into a similar agreement with any other entity, including without limitation any other entity that may compete with the other Party. 6. GENERAL 6.1 The Parties acknowledge and agree that damages may not be an adeguate remedy for breach of the obligations in this Agreement and a Party may seek interlocutory or permanent injunctions to prevent any actual or threatened breach of confidentiality without proving actual damage. 6.2 This Agreement is governed by and must be construed in accordance with the laws in force in the Australian Capital Territory (“ACT”) of the Commonwealth of Australia. 6.3 The Parties submit to the non-exclusive jurisdiction of the courts having jurisdiction in the ACT. July 29th, 2025 Signed by the authorised representative of the Export Finance Australia ABN: 96 874 024 697. Zulfitra Agusta Date Jey BL to1g Signed by the authorised representative of PT Nusatama Berkah Tbk. 2 . PAN ami Bambang Susilo President Director Page 20f2 OFFICIA Date
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