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CONFIDENTIALITY AGREEMENT

By Vincent Cooper,2014-04-28 13:03
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CONFIDENTIALITY AGREEMENT

    CONFIDENTIALITY AGREEMENT

Accenture Consultancy Ltd.(Accenture), proposes to render certain consulting services to China

    Mobile (Hongkong)Co. Ltd("Client"). To facilitate the rendering of such services by Accenture,

    Client is willing to provide Accenture with certain documents, data and other materials, which may

    include confidential or proprietary information of Client, subject to the following terms and

    conditions:

1. Confidential Information. Confidential Information shall include all information

    disclosed by Client to Accenture in writing and marked "Confidential" or disclosed visually

    or orally. Confidential Information shall not, however, include the following: (a)

    information which is now or hereafter comes into the public domain; (b) information learn-

    ed by Accenture from third parties; (c) information known to Accenture or developed by

    Accenture independently of information disclosed to Accenture by Client under this

    agreement; or (d) information required to be disclosed by Accenture pursuant to any

    court, administrative or regulatory order.

    2. Confidential Treatment. Accenture shall treat the Confidential Information as

    confidential, using the same standard of care that Accenture uses to protect its own

    proprietary or confidential information, and shall use reasonable measures to prevent

    disclosure of the Confidential Information to any third party without Client's consent.

    Accenture will disclose the Confidential Information only to Accenture employees, agents

    or subcontractors who have a reasonable need for access thereto in connection with

    providing services to Client.

2. Property of Client; Return of Information. All Confidential Information shall remain the

    property of Client. Upon Client's request, Accenture shall promptly return the Confidential

    Information, provided, however, that Accenture may retain copies solely for archival

    purposes.

4. Term. This Agreement shall be effective as of the date executed by both parties and

    shall remain in effect for a period of two (2) years following the completion of Accenture's

    consulting services to Client. Client shall not assert any claims against Accenture for

    disclosure of Confidential Information more than two (2) years following the completion of

    Accenture's services to Client.

5. Governing Law. This agreement shall be governed by the laws of Peoples Republic of

    China.

    6. Entire Agreement. This agreement constitutes the entire agreement between Accenture

    and Client regarding the subject matter hereof and supersedes all prior negotiations,

    discussions, and agreements between them. This agreement may be modified only by a

    written agreement duly executed on behalf of both of the parties hereto.

    6. Severability. The provisions of this agreement shall be severable. If any term or

    provision of this agreement is declared invalid or unenforceable, the remaining terms of

    this agreement shall not be impaired.

8. Headings. Paragraph headings are for convenience only and shall not be considered

    part of the terms and conditions of this agreement.

9. Counterparts. This agreement may be executed in one or more counterparts, each of

    which shall be deemed to be an original and all of which taken together shall be deemed

    to constitute one agreement.

10. No Benefit to Others. The provisions set forth in this agreement are for the sole benefit

    of the parties hereto and their respective successors and assigns. This agreement shall

    not be construed to confer any rights on any other persons.

Please indicate your agreement to the foregoing terms by having an appropriate representative of

    China Mobile (Hongkong) Ltd to sign and return the enclosed copy of this letter.

Sincerely,

Accenture Consultancy Ltd.

By:_________________________________________

     Michele Lee

     General Manager and Principal Consultant

     Accenture Consultancy Ltd.

ACCEPTED AGREED TO:

China Mobile (Hongkong) Limited

    By:

    Name:

    Title:

    Date:

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