Flender/Flender Gear Units/Bevel-helical gear unit B3
obligation set forth herein shall not apply to Information which: () is or becomes part of the public domain other

than by fault of the receiving party; (ii) is disclosed to the receiving party in good faith by third party

who is entitled to make such disclosure; (iii) is developed independently by the receiving party without reliance on Information; (iv)

was known to the receiving party prior to its disclosure by the other party; or () is required to be

disclosed by law (subject to the receiving partys obligation to notify the disclosing party in timely manner of such requirement). (vi) 1.3. The confidentiality obligations set forth in this Clause 1 shall survive the expiration or termination of this Contract by 5 years. 1. Termination, Suspension 1.1. Either party may terminate this Contract with immediate effect upon written notice if the other party becomes bankrupt or insolvent, has receiving order made against it or compounds with its creditors, or continues business under receiver, truste , or manager for the benefit of its creditors or goes into liquidation. 1.2. Except as provided in Clause 1.1, the Customer may terminate the Contract only under the circumstances set out below, and in each case only upon 1 days written notice to Flender: () In the event of delay, if () the maximum liquidated damages under Clause 5.2 are payable, (ii) reasonable period of time for performance has been granted to Flender and has expired, and (iii) within that time period Flender has not provided commitment to pay additional liquidated damages beyond the maximum set forth in Clause 5.2 in respect of the continuing period of delay, or (ii) if Flender has materially breached the Contract more than once and has not remedied the breach within reasonable period after receiving written notification from the Customer specifying the breach. (iii) 1.3 . Any termination by the Customer shall have no effect on any port