FRPI plus its contract professional services and accredited independent laboratories under the direction of FRPI, perform inspection, testing, auditing and other such services (“Work”) with the intent of certifying various claims of knowledge, experience, capabilities and/or compliance. The results of this work are provided only to the manufacturer, inspector, consultant and other FRPI customer ("Company”) purchasing such services, which are intended solely for the use of FRPI and the Company. FRPI assumes no duty to disclose the results of the Work to any other party and is under no obligation to provide notice to the public of any Company's success or failure relating to determinations stemming from FRPI Work.
During the course of FRPI performing Work, the Company will be furnishing FRPI with non-public, confidential and proprietary information. The information furnished to FRPI, together with analyses, compilations, designs, studies, drawings, tapes or other documents prepared by FRPI that contains or otherwise reflects such information or FRPI’s review of or interest in, is hereinafter referred to as the “Information.” In consideration of the Company furnishing FRPI with the Information and engaging FRPI to perform Work, FRPI agrees that:
1. The Information is confidential in nature and pertains to the Work. The Information may include but not be limited to: photographs, reports, analysis or other such compiled Information, drawings, sketches, specifications, formulations, techniques, methodology, formulae, designs, procedures, tests, equipment, data, know-how and patent positioning.
2. The term Information shall not include such portions of the Information which (i) are or become generally available to the public other than as a result of a disclosure by FRPI, (ii) become available to FRPI on a non-confidential basis from a source other than the Company or Company’s agents which are not prohibited from disclosing such Information to FRPI by a legal, contractual or fiduciary obligation to the Company, or (iii) are in FRPI’s possession prior to disclosure by the Company.
3. If FRPI becomes legally compelled to disclose any of the Information, or any other facts or Information which are the subject of this policy, FRPI will provide the Company with prompt notice so that the Company may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of the policy. If such protective order or other remedy is not obtained, or the Company waives compliance with the provisions of this policy, FRPI will furnish only that portion of the Information or other facts which FRPI are advised by written opinion of counsel is legally required and will exercise FRPI’s best efforts to obtain reliable assurance that confidential treatment will be accorded such Information and facts.
It is FRPI’s intent to perform non-biased objective Work on behalf of the Company for the purpose of ultimately helping Owners procure and maintain reliable fiberglass reinforced plastic process equipment. FRPI assumes no duty or obligation to issue certifications to Company that requests certifications, as each Company stands on its own merits and earns certification through compliance with the certification programs as assessed and interpreted solely by FRPI. All FRPI determinations pertaining to certification statements are final unless otherwise stated in writing.
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