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Laguna State Polytechnic University

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Republic of the Philippines

Laguna State Polytechnic University


Province of Laguna

LSPU CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into by and between:

This Agreement is made and entered into by and between Laguna State Polytechnic
University (University) represented by its University President Dr. Mario R. Briones;

- and -

RIALEN A. PALENCIA (Receiving Party) in connection with the information and data
provided by the former pertinent to information, or those became known to the latter while
employed in the University.

This Agreement is being executed to safeguard and protect Confidential and


Proprietary Information [Intellectual Property (IP) and/or Intellectual Property Rights
(IPRs)], Privilege Information/ Communication, information protected under Data Privacy
Act of 2012 and those other information that is determined to be confidential by virtue of
rules and regulations owned by the University.

The Receiving Party do hereby agree, as follows:

1. “Confidential Information,” as used herein shall mean privilege and proprietary


information and/or data provided by the Laguna State Polytechnic University to the
Receiving Party during the disclosure of confidential information, which are to be kept
confidential by the Receiving Party. This includes other information received by the
receiving party while being employed by in the University that are protected by relevant laws
(i.e. Data Privacy Act, Intellectual Property Code etc.), rules and regulations, and policies of
the University. The information includes written, oral, or those in electronic form.

2. All information provided through and/or by Laguna State Polytechnic University to the
Receiving Party for the commissioned work shall be marked as “Proprietary and Strictly
Confidential.” Information disclosed through oral presentation and/or through power point
presentation and/or other means must be identified also as strictly confidential during and
after the time/period of disclosure.

LSPU-HRO-SF-037 Rev. 0 _____________


3. It is agreed that the Receiving Party shall keep the information confidential and shall not
publish or otherwise disclose such information except to the extent that it can be established
by the Receiving Party by competent proof that such information:

(a) Was already known to the Receiving Party, other than under an obligation of
confidentiality, at the time of disclosure and/or presentation;

(b) Was generally available to the public or otherwise part of the public domain at the
time of its disclosure to the Receiving Party;

(c) Became generally available to the public or otherwise part of the public domain
after its disclosure and other that through any act or omission of the Receiving Party;

(d) Was subsequently lawfully disclosed to the Receiving Party by a Third Party; and

(e) There was an approval from the University thru the President in disclosing said
information.

4. Except as provided herein, the Receiving Party shall not disclose any Confidential
Information to any other person or will use any Confidential Information other than in
connection with the commissioned work without its prior written approval. Each one or all
agree to observe, exercise and execute extreme are in protecting the confidentiality of any
Confidential and Proprietary Information.

5. The herein Receiving Party may disclose Confidential Information (i) to other parties
and/or Receiving Party who have executed non-disclosure agreements with the university and
only for the purpose of achieving legitimate action (ii) or by requirement of law, and (iii) to
other LSPU employees or faculty provided that such employee and/or faculty member/s has
signed a nondisclosure agreement and such disclosure is relevant to the accomplishment a
legitimate purpose and will not prejudice the University.

6. All Confidential Information, and/or any hard copies thereof of the disclosed confidential
information will be promptly returned to newly designated or appointed official of the same
office, without retaining a copy in the possession of the Receiving Party.

All electronic documentation of the confidential information will be deleted from the file
repository of the Receiving Party once the latter’s contract expired and will not be renewed,
termination of contract, reassignment in any office of the University, or in case of dismissal.

7. The University, its Officers, or its employees prejudiced by violation of this agreement
shall have the right to obtain an immediate injunction enjoining any breach of this
Agreement, as well as the right to pursue any and all other rights and remedies available at
law or in equity for such breach. In any case, they may proceed against the Receiving Party
for appropriate action such as civil, criminal or administrative remedies.

LSPU-HRO-SF-037 Rev. 0 _____________


8. This Agreement shall be constructed, interpreted and applied in accordance with the laws
of the Republic of the Philippines, subject to the terms and conditions as set of forth under
Section 4 of this Agreement.

9. In the event of dispute arising and/or resulting from this Agreement, it is expressly agreed
that the venue in the institution of criminal or civil actions shall be in the proper courts of the
Siniloan, Laguna (indicate the locality where the Campus is situated).

This is without prejudice to the right of institution thru the University President or any of its
employees affected to initiate administrative action in violation of Rule 10 on Administrative
Offenses Section 50(B)(13) which states that “Disclosing or misusing confidential or
classified information officially known by reason of one’s office and not made available to
the public, to further one’s private interests or give undue advantage to anyone, or to the
prejudice the public interest,” and such other offenses applicable.

10. This Agreement shall be in effect for ten (10) years, whether the person is still an
employee or had terminated its employment in the University, from the date of the last
disclosure of Confidential and Proprietary Information, at which time it will terminate. This
Agreement may be modified upon written agreement between the Parties.

Executed this the ___ day of ________________ in the year _______________.

MARIO R. BRIONES, EdD RIALEN A. PALENCIA


University President Printed Name and Signature Employee
(Receiving Party)

WITNESSES:

ROGACION U. VILLANUEVA
Chairperson, AAPS

ENGR. BELTRAN P. PEDRIGAL


Campus Director

LSPU-HRO-SF-037 Rev. 0 _____________


ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF LAGUNA )
MUNICIPALITY OF SINILOAN) S.S.
x-x-x-
BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared
the following:

NAME Gov’t//Company ID ID No.

1. DR. MARIO R. BRIONES GSIS 2000170740

2. RICHTER V. VALEROZO National ID 9445-4845-8454-9876

Known to be the same person who executed the foregoing instrument and
acknowledged to me that the same is their own free will and voluntary act and deed.

This instrument consists of four (4) pages including this page wherein this
Acknowledgment is written and is signed by the parties and their instrumental witnesses on
each and every page hereof.

WITNESS MY HAND AND SEAL, this _____ day of ____________________,


_________ at __________________________________, Philippines.

Doc. No. ______ ;


Page No. ______ ;
Book No. _____ ;
Series of 2021.

LSPU-HRO-SF-037 Rev. 0 _____________

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