CONFIDENTIAL DISCLOSURE AGREEMENT

This Agreement is made this 21st day of May , 2012, by and between E.D. Bullard Individual, a corporation organized and existing under the laws of the State of Delaware and having its principal place of business at 1898 Safety Way, Cynthiana, Kentucky 41031 (hereinafter referred to as “Bullard”); and Current Website User (IP: 38.107.179.208) , an individual resident of the State of , having his principal residence at ____________________________________ (hereinafter referred to as “Individual”).

WHEREAS, Bullard has developed and continues to develop technology and know-how related to hard hats, fire helmets, thermal imaging cameras, respirators; and

WHEREAS, Individual wishes to learn about the technology and know-how developed by Bullard for the purposes of evaluating the technology and determining whether a relationship and/or transaction between Bullard and Individual would be beneficial; and

WHEREAS, in connection with such evaluation, Confidential Information of Bullard may be provided to or otherwise become available to Individual; and

WHEREAS, Bullard desires to prevent the unauthorized use and disclosure of its Confidential Information.

NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Bullard and Individual agree as follows:

  1. For purposes of this Agreement, “Confidential Information” is defined as information that is of value to Bullard and is treated as confidential, including, by way of example and without limitation, commercial plans, data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, customer lists, pricing information, studies, and findings.
  2. Individual understands and agrees that:
    1. the Confidential Information will be held in confidence by using the same degree of care, but not less than a reasonable degree of care, as Bullard uses to protect its Confidential Information;
    2. it will take such steps as may be reasonably necessary to prevent disclosure of the Confidential Information to others;
    3. it will not commercially utilize the Confidential Information without having obtained the written consent of the Bullard;
    4. upon request, Confidential Information will be returned to Bullard; and
    5. in the event Individual is legally required to disclose any portion of the Confidential Information, Individual shall promptly notify Bullard so that Bullard may take steps to protect its Confidential Information.
  3. It is understood and agreed that the confidentiality and non-use commitments set forth in paragraph 2 above shall not extend to any portion of Confidential Information where it can reasonably be shown, through written documentation, that such information was known to Individual at the time of its receipt hereunder; is or becomes generally available to the public through no fault of Individual and to such a degree that one skilled in the art could reasonably uncover and utilize such information; corresponds in substance to that furnished to Individual by any third party having a bona fide right to do so and no confidential obligation to Bullard respecting it; or corresponds to that furnished by Bullard to any third party on a non-confidential basis.
  4. It is further understood and agreed that:
    1. neither party is obligated to disclose any information, confidential or otherwise, to the other party;
    2. neither party acquires any license of intellectual property rights of the other party;
    3. neither party has an obligation to purchase any service or item from the other party;
    4. neither party has an obligation to offer for sale products using or incorporating Confidential Information; and
    5. the parties do not intend that any agency or partnership relationship is created.
  5. Individual further understands and agrees that if it finds that it is necessary to disclose Confidential Information of Bullard to a third party in order to further the purposes of this Agreement, Individual must obtain written permission from Bullard before making any such disclosure.
  6. This Agreement is effective from the last date inscribed below and shall expire 5 years after such date.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.

    E.D. BULLARD COMPANY
     
DATED: May 21st, 2012   By: E. D. Bullard Company
     
     
     
    INDIVIDUAL
     
DATED: May 21st, 2012   By: Current Website User (IP: 38.107.179.208)