Memorandum of Understanding Example

intangible form by the Disclosing Party and designated as confidential or proprietary at the
time of disclosure.
The Receiving Party agrees to protect Confidential Information (whether disclosed before or
after the Effective Date) from unauthorized use, dissemination or publication by using the
same degree of care, but not less than a reasonable degree of care, as the Receiving Party
uses to protect its own confidential or proprietary information of a similar nature. The
Receiving Party will limit the use of and access to the Disclosing Party’s Confidential
Information to the Receiving Party’s employees or independent contractors who have a
demonstrable need to know, who have been notified that such information is Confidential
Information and who are under binding obligations of confidentiality no less restrictive than
those of this Agreement.
Length of Confidentiality Obligation. The Receiving Party’s obligation to protect Confidential
Information under this Agreement will expire two (2) years from the date of expiration or
termination of this MOU.
The restrictions of nondisclosure set forth in this Section III will not apply to any Confidential
Information: (a) after it has become generally available to the public through no fault of the
Receiving Party or its consultants, agents or subcontractors; (b) that is rightfully in the
Receiving Party’s possession before disclosure to the Receiving Party by the Disclosing
Party; (c) is independently developed by the Receiving Party without the developing
person(s) having access to the Disclosing Party’s Confidential Information; or (d) is received
by the Receiving Party in good faith from a third party not subject to an obligation of
confidentiality. In addition, the Receiving Party may disclose Confidential Information if
required to do so by statute, administrative process or court order, provided that (i) the
Receiving Party gives the Disclosing Party sufficient advance notice of such disclosure
requirement; (ii) the Receiving Party cooperates with the Disclosing Party, at the expense of
the Disclosing Party, in trying to seek a protective order in connection therewith; and (iii) the
scope of such disclosure is limited to the extent possible.
IV. INFORMATION AND COMMUNICATION
This collaboration will be coordinated through the office of the Name of Office and through
the MGH Name of MGH Department, Massachusetts, USA.
V. FUNDING
The institutions under this MOU shall jointly seek funding to implement the activities of the
collaboration. Potential donors and funding agencies shall be sought through joint efforts to
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