1. The Customer and Coco Labs shall treat as confidential any information or know-how relating to the Products as well as any information relating to each other’s business, sales, and marketing methods and shall not use or disclose the same save for the proper and necessary purposes and any such disclosure shall be made to a Party’s employees or third parties under appropriate conditions of confidence.

2. Each Party agrees and undertakes that during the term of the business proceeding and thereafter it will keep confidential and will not use for its own purposes nor without the prior written consent of the other Party disclose to any third party all information of a confidential nature (including trade secrets and information of commercial value) which may become known to that Party from the other Party unless the information is public knowledge or already known to that Party at the time of disclosure or subsequently becomes public knowledge other than by breach of trade collaboration or subsequently comes lawfully into the possession of that Party from a third party or as may be required by any applicable law, local regulations or governmental order, rule, regulation or direction.

3. To the extent necessary to implement the provisions of the business proceeding each Party may disclose the Confidential Information to those of its employees, directors and advisors as may be reasonably necessary or desirable provided that before any such disclosure, each Party shall make such persons aware of its obligations of confidentiality under this trading collaboration and shall at all times procure compliance by those persons with them.

4. It is understood that all Information disclosed under the business proceeding, pertaining to a Party, is, and shall remain, the property of the disclosing Party. Upon completion of trading collaboration, or upon written notice from the disclosing Party, the recipient Party agrees to return all disclosed Information in its possession.

5. These obligations of confidentiality shall not apply to any information which: (i) is or becomes generally known or available to the public through no fault of the receiving Party; (ii) was already known to the receiving Party without restriction, prior to receipt from or on behalf of the disclosing Party; (iii) is lawfully disclosed to the receiving Party by a third party who is not known to the receiving Party to be under any obligation, whether contractual, fiduciary, statutory, or otherwise, of confidentiality to the disclosing Party with respect to such Confidential Information; (iv) is at any time developed by the receiving Party independently without use of, or reference to, the Confidential Information of the other Party; or (v) is required to be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body with proper jurisdiction; provided, however, that the receiving Party uses diligent efforts to limit such disclosure and notifies the disclosing Party within seven (7) days of receipt of such court order or requirement to enable the disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.