Sales Contract COS EXW v 2024 002

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Raja Samudra Jaya

JL. SATRIA GG. BAKTI, REJOSARI, TENAYAN RAYA, PEKANBARU


,
Izin Usaha Niaga Umum BBM

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT


20240606/PTC3CR016-005/EXW
THIS AGREEMENT is made effective on 05/06/2024 between:
1. Raja Samudra Jaya , a company incorporated under the laws of the Republic of Indonesia and having its
registered office at Raja Samudra Jaya JL. SATRIA GG. BAKTI, REJOSARI, TENAYAN RAYA, PEKANBARU ,
and in this matter represented by Afrizal, Proxy, thereby acting for and on behalf of the above mentioned
company, here in after is referred to as the "First Party" and
2. Tri Jaya Sedekah, a company incorporated under the laws of the Republic of Indonesia and having its
registered office at Tri Jaya Sedekah Jl. Rambutan III, Gg. Matoa No. 3 RT 003/Rw. 001. Sidomulyo Timur,
Marpoyan Damai. Pekanbaru and in this matter represented by Ade Firmansyah, President Director, thereby
acting for and on behalf of the above mentioned company, here in after is referred to as the “Second Party”.
Whereas First Party refer to Raja Samudra Jaya , with its branches.
WHEREAS the Second Party is an potential customer of First Party will have access to or provided with
Confidential Information directly or indirectly.
The Second Party hereby understand and agrees to bind her/his self into the following provisions:
1. The Second Party had received from First Party “Confidential Information” consists of:
a. Establishment deed No. XX;
b. Latest company deed No. XX;
c. Taxpayer ID;
d. Taxable enterprise;
e. Company registration;
f. Domicile;
g. Business license.
2. For the Purposes of this Agreement (the "Purpose"), "Confidential Information" shall mean all non-public
information indicated as confidential, or otherwise understood by a person acting reasonably to be confidential
and disclosed or communicated in writing, orally or in electronic form including any information on First Party
or information disclosed for the Purpose of this Agreement, but excludes information which:
a. at the time of disclosure is part of the public domain or thereafter becomes part of the public domain
through no fault of the Second Party;
b. the Second Party can show by reasonable written record was in the Second Party possession at the
time of disclosure and which was not acquired directly or indirectly from the First Party;
c. which was rightfully acquired by the Second Party from a third party who disclosed the same in a lawful
manner;
d. which required to be disclosed by law or order of court or government agency or pursuant to any
regulation (provided that such party shall have given prior notification to First Party for such order);
e. which is entered into evidence in any litigation between the First Party and Second Party.

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3. All Confidential Information disclosed, whether expressed in writing or otherwise, shall be received and
maintained by the Second Party in strict confidence and shall not be disclosed, directly or indirectly, by the
Second Party to any related or unrelated party whatsoever and may be used by the Second Party only for the
Purpose. Such Confidential Information shall only be disclosed by the Second Party if required by law or any
judicial authority having jurisdiction over the Second Party to do so.
4. Second Party shall exercise best efforts to prevent any other party gaining access to the Confidential
Information.
5. Second Party shall, on receipt of the written request of First Party promptly deliver to First Party all of the
Confidential Information which is in recorded or physical form (whether such form be in writing or in
electronically retrievable form or electronically stored data or otherwise) and the Second Party shall not retain
any copies thereof.
6. No license or conveyance of any rights whatsoever is granted or implied by the disclosure of the Confidential
Information and Second Party agrees not to use any of the Confidential Information in any manner other than
as instructed or authorized by First Party.
7. The prohibitions, limitations and obligations of Second Party herein contained shall continue in full force from
the date of this Agreement. The obligations and restriction shall survive any termination or cancellation of the
Second Party involvement with First Party.
8. In the event of any breach of the terms of this Agreement bySecond Party, Second Party shall indemnify and
keep indemnified First Party against all loss and damage that First Party may suffer as a direct or indirect
result of such breach and First Party shall be entitled to exercise all rights and remedies available at law or
equity against the Second Party and the Second Party shall beliable for all costs and expenses in relation
thereto. In addition, Second Party further acknowledges that in the event of any breach or threatened breach
of this Agreement, damages would not be an adequate remedy and First Party shall be entitled to the
remedies of injunction, specific performance and any other equitable relief and no proof of special damage
shall be necessary for enforcement of this Agreement.
9. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Indonesia.
10. In relation to any legal action or proceedings arising out of or in connection with the Agreement (“Proceedings”),
Second Party hereby agrees that such Proceedings can be submitted to the exclusive jurisdiction of the
District Court of Pekanbaru
Tri Jaya Sedekah has read, understood, and agree the terms of the Agreement.

First Party Second Party


. .
. .
. .
_________________________ _________________________
Signature / Tanda Tangan Signature
Name : Afrizal Name : Ade Firmansyah
Title : Kuasa Direksi Title : Direktur Utama
Date : 05/06/2024 Date : 05/06/2024

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