Non-Disclosure Agreement – Board and Committee Member Form
In the course of its activities, Ben Franklin Technology Partners of Southeastern Pennsylvania (“Ben Franklin”) receives proposals for evaluations, and is obligated to the submitters of such proposals to keep the proposals confidential. Ben Franklin therefore asks that you, as an evaluator of such proposals (“Evaluator”), abide by Ben Franklin’s obligations, policies and practices with respect to confidentiality.
The obligations, policies and practices, as applied to Evaluators for your term of service, are as follows:
- Evaluator will maintain each proposal and any other project file information furnished by Ben Franklin or related source (collectively referred to as the “proposal”) in confidence, and will not, without the prior consent of Ben Franklin, disclose it to any third person.
- Evaluator will not, without prior written consent of Ben Franklin, reproduce any part of the proposal.
- Evaluator will, upon request of Ben Franklin or when the need for the proposal has ended, return to Ben Franklin all written or tangible materials containing any information concerning the proposal.
- Evaluator will comply with all other applicable Ben Franklin policies and procedures regarding confidentiality that may be in effect from time to time.
It is not intended that Evaluator be more burdened against use of information from public sources than he or she would inherently be had he or she not received a given proposal. Accordingly, Evaluator will be as free as any third-party to use publicly available information which third-parties would, without the initiative suggested by the proposal, know of and use. Therefore, the obligations of Evaluator described in paragraphs 1 through 3 above are limited as follows:
The obligations shall not apply:
- To any specific information in a proposal which Evaluator had in his or her possession in written or physical form prior to having received the proposal.
- To any particular portion of a proposal which in the normal and routine course of Evaluator’s work comes into the possession of Evaluator from independent non-confidential sources.
- To any particular portion of a proposal which becomes a matter of public knowledge through sources independent of Evaluator and neither directly nor indirectly through any fault of Evaluator.
Effective as of 12/22/2021