Undertaking of Confidentiality

1. The Tenderer will at all times treat the contents of the Invitation to Tender ("ITT") and any related documents and information furnished by SUSS, in whatever medium or format (collectively, the "Information"), as confidential, save in so far as they are already in the public domain.
    
2. Except with the prior written consent of SUSS, the Tenderer shall not disclose, copy, reproduce, distribute or pass any of the Information to any other person except to the Tenderer's professional advisers, sub-contractors, employees, suppliers or agents on a need-to-know basis and only for the sole purpose of enabling a proposal to be submitted. "Person" includes but is not limited to any person, firm, body or association, corporate or incorporate.
    
3. The Tenderer shall not directly or indirectly use any of the Information for any purpose other than for the purposes of submitting (or deciding whether to submit) a proposal.
    
4. The Tenderer shall not undertake any publicity activity within any section of the media in relation to this ITT.
    
5. The Tenderer shall, at the request of SUSS, promptly return all Information to SUSS.
    
6. Any breach of this undertaking by the Tenderer or any third party or employee to whom Tenderer releases the Information may result in legal proceedings against the Tenderer. In such an event, the Tenderer will be liable for and fully indemnify and keep indemnified SUSS against all liabilities, damages, costs, losses, claims, demands and proceedings arising from or in connection with such breach.