17.1 The Franchisee acknowledges that all information delivered by the Franchisor under this Contract is of a strictly confidential nature and should be treated as such (such information being referred to hereinafter as Confidential Information);

17.2 The following shall, however, not be treated as Confidential Information:

(a) any information which the Franchisee can prove to have been in its possession at the date of receipt of such information or which has been disclosed to the general public or has become part of the public domain otherwise than through a breach of an obligation of confidentiality owed by the Franchisee; or

(b) any information which is necessarily disclosed to customers as the inevitable result of the operation of the Business.

17.3 Accordingly, the Franchisee shall not disclose Confidential Information directly or indirectly to any third party save to its staff or any other persons performing the obligations under this Contract provided that the Franchisee ensure that the staff or persons performing obligations set forth in this Contract, shall, prior to receiving the Confidential Information, comply with the same obligations of confidentiality and nonutilization of the Confidential Information as those imposed by this Contract, and shall execute a confidentiality undertaking with the Franchisor in a form satisfactory to the latter.

17.4 The Franchisee shall ensure that neither itself nor any member of its staff or other person performing the obligations of this Contract shall use any of the Confidential Information for any purposes other than those permitted under this Contract.

17.5 In any event, the Franchisee shall be directly liable to the Franchisor for any disclosure or utilization of Confidential Information by its staff or other persons controlled by it or under its control even after the departure of such employees, including termination of employment by the Franchisee.

17.6 The Franchisee shall not disclose or use, for any other purpose any of the Confidential Information, not only during the Initial Term of the Contract but also after its termination, whatever the reason for termination, as well as after any transfer of this Contract under Article 30.

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