FRPI and its accredited independent laboratories perform, under the direction of FRPI, inspection and testing services (work) with the intent of certifying fiberglass reinforced plastic laminates are what have been specified. The results of this work are provided only to the company (Manufacturer) purchasing such services, which are intended solely for the use of FRPI and the Manufacturer. FRPI assumes no duty to disclose the results of the work to any other party and is under no obligation to provide notice to the public of any Manufacturers success or failure of FRPI inspections and tests.
During the course of performing work, the Manufacturer will be furnishing FRPI with non-public, confidential and proprietary information. The information furnished to FRPI, together with analyses, compilations, designs, studies, drawings, tapes or other documents prepared by FRPI that contains or otherwise reflects such information or FRPIs review of or interest in, is hereinafter referred to as the information. In consideration of the Manufacturer furnishing FRPI with the Information and engaging FRPI to perform work, FRPI agrees that:
1. The information is confidential in nature and pertains to the design and fabrication of fiberglass reinforced plastic process equipment. The information may include but not be limited to: photographs, reports, analysis or other such compiled information, drawings, sketches, specifications, formulations, techniques, methodology, formulae, designs, procedures, tests, equipment, data, know-how and patent positioning.
2. The term information shall not include such portions of the information which (i) are or become generally available to the public other than as a result of a disclosure by FRPI, (ii) become available to FRPI on a non-confidential basis from a source other than the Manufacturer or Manufacturers agents which is not prohibited from disclosing such information to FRPI by a legal, contractual or fiduciary obligation to the Manufacturer, or (iii) are in FRPIs possession prior to disclosure by the Manufacturer.
3. If FRPI becomes legally compelled to disclose any of the information, or any other facts or information which are the subject of this agreement, FRPI will provide the Manufacturer with prompt notice so that the Manufacturer may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of the agreement. If such protective order or other remedy is not obtained, or the Manufacturer waives compliance with the provisions of this agreement, FRPI will furnish only that portion of the information or other facts which FRPI are advised by written opinion of counsel is legally required and will exercise FRPIs best efforts to obtain reliable assurance that confidential treatment will be accorded such information or facts.
It is FRPIs intent to perform non-biased objective evaluations of the Manufacturers laminating processes and laminates for the purpose of helping Owners and their Engineers procure reliable fiberglass reinforced plastic process equipment. FRPI assumes no duty or obligation to issue certifications to Manufacturers who request laminating process audits and laminate certifications, as the Manufacturer stands on their own merits and earns certification through compliance with the certification programs as assessed and interpreted solely by FRPI. All FRPI determinations pertaining to certification are final.