NDA_Instructions_-_Rubber_Formula_-_Aug_2018.docx

Use and Non-Disclosure Agreement

The undersigned, __________(Insert Name)__________, an authorized representative of the __________(Insert Company Name)__________, (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with 0235, 0149, 0135, 0149 Master Batch, 0158, RR11, and Ground Side & Wheel Side rubber formula technical data (hereinafter referred to as “Data”). Those Data are identified in an attachment to this Agreement. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:

(1) The Recipient shall use, modify, reproduce, release, perform, display, or disclose these Data only for Government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the Director of Contracting from Red River Army Depot, to any person or entity.

(2) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect these Data from inadvertent release or disclosure to unauthorized third parties.

(3) The Recipient agrees to accept these Data “as is” without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.

(4) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys’ fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of Data received from the Government with restrictive legends by the Recipient or any person to whom the Recipient has released or disclosed the Data.

(5) The Recipient is executing this Agreement for the benefit of the ____(Insert Company Name)____.

(6) The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 30 calendar days after the date shown in paragraph (7) of this Agreement, to have all persons to whom it released the Data do so by that date, and to notify the Government contracting officer that the Data have been destroyed.

(7) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending upon ________(Insert Date)_________. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

(8) The Recipient shall only use the Data for the purpose of responding to solicitation W911RQ-18-R-0285. Any other use is strictly prohibited.

(End of use and non-disclosure agreement)