11 Startup adVANce | Cooperation Agreement 3.14.2 Subject to clause 3.14.1, each Party's liability for damages resulting from slight negligence (leichte Fahrlässigkeit) under or in connection with this Agreement will be limited to EUR 150,000.00 (in words: Euro one hundred fifty thousand). 3.15 Confidentiality and Data Protection 3.15.1 The Parties agree to use any Confidential Information (as defined in clause 3.15.6) of the other Party only for the purpose of exercising any rights or complying with any obligations under this Agreement. Each recipient of Confidential Information will use all reasonable efforts to protect such Confidential Information from unauthorized use or disclosure and, in any event, will exercise at least the same reasonable level of care to avoid any such unauthorized use or disclosure as it uses to protect its own information of a similar nature. The confidentiality obligation will survive for a duration of five (5) years beyond the termination or expiration of this Agreement. 3.15.2 Each Party may disclose Confidential Information of the respective other Party only to those employees which need the information to fulfil their tasks and who have agreed in writing to be bound to confidentiality insofar as they are not already bound to confidentiality by their employment contract. Insofar as a Party uses a third party to fulfil its contractual obligations, this Party is obligated to ensure by suitable agreement that the third party is bound by and complies with the confidentiality obligations in this clause 3.15.2. 3.15.3 Notwithstanding the foregoing, each Party may disclose Confidential Information of the other Party with prior written consent of the other Party. Each disclosure of Confidential Information has to be limited to the extent required in each case. Each Party will be free to disclose Confidential Information of the other Party without the prior written consent of the other Party only if: (a) this is demanded either by a regulatory authority or by a court in connection with a judicial procedure, or (b) this is required by mandatory applicable laws, or (c) the information in question is required by the personnel (cf. clause 3.15.2), Subcontractors approved in writing, or advisors of a Party, in each case for the fulfillment of their relevant obligations in connection with their respective tasks, provided that they are bound to confidentiality (e.g. due to the employment contract). In addition, each Party is entitled to disclose Confidential Information of the other Party to affiliated undertakings according to Sec. 15 German Stock Corporation Act (Aktiengesetz; AktG) without the consent of the disclosing Party to the extent this is required for the execution of this Agreement. 3.15.4 Additionally, in the cases of clauses 3.15.3(a) and 3.15.3(b), the other affected Party is to be informed about the disclosure reasonably in advance in order to enable the other Party to take precautionary actions for their Confidential Information, unless this is not possible or admissible in the particular case. 3.15.5 If this Agreement ends for whatever reasons, the receiving Party of each tangible item of Confidential Information will return such item to the other Party. Besides, Confidential Information shall be destroyed. Each Party may request from the disclosing Party a corresponding certificate that all items of Confidential Information in possession of the other Party have been returned or destroyed respectively. The provisions stated above do not apply to general correspondence between the Parties or to any Confidential Information whose retention is required by legal requirements. 3.15.6 "Confidential Information" are this Agreement as well as other documents and data and information in any form, which one Party got aware are or will get aware of in connection with the preparation, the conclusion, the execution or the handling of this Agreement (irrespective
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