Non-Disclosure Agreement–Consultant

In the course of its activities, Ben Franklin Technology Partners of Southeastern Pennsylvania (“Ben Franklin”) retains consultants to provide specific services. Because of the nature of the Ben Franklin’s business, the information provided to consultants is necessarily confidential. Ben Franklin must, therefore, ask that you, as a consultant (“Consultant”), who is to be paid for such services, abide by Ben Franklin’s policies and practices with respect to confidentiality.

The understandings and practices, as applied to Consultant for your term of service, are as follows:

  1. Consultant will maintain any information furnished by Ben Franklin or related source (collectively referred to as “information”) in confidence, and will not, without the prior consent of Ben Franklin, disclose it to any third party.
  2. Consultant will not, without prior written consent of Ben Franklin, reproduce any part of the information.
  3. Consultant will, upon request of Ben Franklin, or when the need for the information has ended, return to Ben Franklin all written or tangible materials containing any information.
  4. Consultant 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 Consultant 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, Consultant 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:

  1. To any specific information in a proposal which Consultant had in his or her possession in written or physical form prior to having received the proposal.
  2. To any particular portion of a proposal which in the normal and routine course of Consultant’s work comes into the possession of Consultant from independent non-confidential sources.
  3. To any particular portion of a proposal which becomes a matter of public knowledge through sources independent of Consultant and neither directly nor indirectly through any fault of Consultant.

Effective as of 8/2/21