Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. 0020022188 koji se odnosi na neobezbeđeni zajam do iznosa od 260.000.000 evra uz garanciju UKEF u cilju finansiranja određenih građevinskih usluga od strane Bechtel Enka UK Limited, koji posluje u Srbiji preko Bechtel Enka UK Limited Ogranak Beograd za potrebe privrednog društva ,,Koridori Srbije" d.o.o. Beograd u vezi sa izgradnjom infrastrukturnog koridora autoputa E-761 deonice Pojate-Preljina (Moravski koridor) između Republike Srbije, koju zastupa Vlada Republike Srbije, postupajući preko Ministarstva finansija, kao Zajmoprimca i J.P. Morgan SE, kao Agenta i JPMorgan Chase Bank, N.A., London Branch, kao Prvobitnog ovlašćenog vodećeg aranžera i Credit Agricole Corporate and Investment Bank i Ing Bank N.V., kao ovlašćenih vodećih aranžera i Određenih drugih finansijskih institucija, kao Prvobitnih zajmodavaca

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33.Čl. 33.1–33.10

CONFIDENTIAL INFORMATION

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Članova10

Stavova158

Tačaka56

Podtačaka2

Izmena0

Clause33.1

Confidential Information

Each Finance Party agrees to keep all Confidential Information confidential

and not to disclose it to anyone, save to the extent permitted by Clause

33.2 (Disclosure of Confidential Information), and to ensure that all

Confidential Information is protected with security measures and a degree

of care that would apply to its own confidential information.

Clause33.2

Disclosure of Confidential Information

Any Finance Party may disclose:

to any of its Affiliates and Related Funds and any of its or their

officers, directors, employees, professional advisers, auditors,

partners and Representatives such Confidential Information as that

Finance Party shall consider appropriate if any person to whom the

Confidential Information is to be given pursuant to this paragraph (a)

is informed in writing of its confidential nature and that some or all of

such Confidential Information may be price-sensitive information

except that there shall be no such requirement to so inform if the

recipient is subject to professional obligations to maintain the

confidentiality of the information or is otherwise bound by

requirements of confidentiality in relation to the Confidential

Information;

to any person:

(i)

to (or through) whom it assigns or transfers (or may

potentially assign or transfer) all or any of its rights and/or obligations under one or more Finance Documents or which

succeeds (or which may potentially succeed) it as Agent and,

in each case, to any of that person's Affiliates, Related Funds,

Representatives and professional advisers;

ii)

with (or through) whom it enters into (or may potentially enter

into), whether directly or indirectly, any sub-participation in

relation to, or any other transaction under which payments

are to be made or may be made by reference to, one or more

Finance Documents and/or the Borrower and to any of that

person's Affiliates, Related Funds, Representatives and

professional advisers;

iii)

appointed by any Finance Party or by a person to whom

paragraph (i) or (ii) above applies to receive communications,

notices, information or documents delivered pursuant to the

Finance Documents on its behalf (including, without limitation,

any person appointed under paragraph (b) of

Clause 23.15

(Relationship with the Lenders));

iv)

who invests in or otherwise finances (or may potentially invest

in or otherwise finance), directly or indirectly, any transaction

referred to in paragraph (i) or (ii) above;

to whom information is required or requested to be disclosed

by any court of competent jurisdiction or any governmental,

banking, taxation or other regulatory authority or similar body,

the rules of any relevant stock exchange or pursuant to any

applicable law or regulation;

vi)

to whom information is required to be disclosed in connection

with, and for the purposes of, any litigation, arbitration,

administrative or other investigations, proceedings or

disputes;

vii)

to whom or for whose benefit that Finance Party charges,

assigns or otherwise creates Security (or may do so)

pursuant to

Clause 21.8

(Security over Lenders' rights);

viii)

who is a Party;

ix)

who is the Exporter; or

with the consent of the Borrower, in each case, such Confidential Information as that Finance Party

shall consider appropriate if:

(A) in relation to paragraphs (i), (ii) and (iii) above, the person to whom the Confidential Information is to be given has entered into a Confidentiality Undertaking except that there shall be no requirement for a Confidentiality Undertaking if the recipient is a professional adviser and is subject to professional obligations to maintain the confidentiality of the Confidential Information;

(B) in relation to paragraph (iv) above, the person to whom the Confidential Information is to be given has entered into a Confidentiality Undertaking or is otherwise bound by requirements of confidentiality in relation to the Confidential Information they receive and is informed that some or all of such Confidential Information may be price- sensitive information; and

(C) in relation to paragraphs (v), (vi) and (vii) above, the person to whom the Confidential Information is to be given is informed of its confidential nature and that some or all of such Confidential Information may be price- sensitive information except that there shall be no requirement to so inform if, in the opinion of that Finance Party, it is not practicable so to do in the circumstances;

to UK Export Finance;

to any person appointed by that Finance Party or by a person to

whom paragraph (b)(i) or (ii) above applies to provide administration

or settlement services in respect of one or more of the Finance

Documents including without limitation, in relation to the trading of

participations in respect of the Finance Documents, such

Confidential Information as may be required to be disclosed to

enable such service provider to provide any of the services referred

to in this paragraph (d) if the service provider to whom the

Confidential Information is to be given has entered into a

Confidentiality Undertaking; or

to any rating agency (including its professional advisers) such

Confidential Information as may be required to be disclosed to

enable such rating agency to carry out its normal rating activities in

relation to the Finance Documents and/or the Borrower if the rating

agency to whom the Confidential Information is to be given is informed of its confidential nature and that some or all of such

Confidential Information may be price-sensitive information.

Clause33.3

Disclosure to numbering service providers

Any Finance Party may disclose to any national or international numbering

service provider appointed by that Finance Party to provide identification

numbering services in respect of this Agreement, the Facility and/or the

Borrower the following information:

name of the Borrower;

ii)

country of domicile of the Borrower;

iii)

place of incorporation of the Borrower;

iv)

date of this Agreement;

Clause 38

(Governing law);

vi)

the names of the Agent and the Arrangers;

vii)

date of each amendment and restatement of this Agreement;

viii)

amount of the Facility;

ix)

amount of Total Commitments;

currency of the Facility;

xi)

type of the Facility;

xii)

ranking of the Facility;

xiii)

scheduled final repayment date of the Facility;

xiv)

changes to any of the information previously supplied pursuant to

paragraphs (i) to (xiii) above; and

xv)

such other information agreed between such Finance Party and the

Borrower,

to enable such numbering service provider to provide its usual syndicated

loan numbering identification services.

The Parties acknowledge and agree that each identification number

assigned to this Agreement, the Facility and/or the Borrower by a

numbering service provider and the information associated with each such

number may be disclosed to users of its services in accordance with the

standard terms and conditions of that numbering service provider.

The Borrower represents that none of the information set out in paragraphs

(a)(i) to (xv) above is, nor will at any time be, unpublished price-sensitive

information.

The Agent shall notify the Borrower and the other Finance Parties of:

(i)

the name of any numbering service provider appointed by the Agent

in respect of this Agreement, the Facility and the Borrower; and

ii)

the number or, as the case may be, numbers assigned to this

Agreement, the Facility and the Borrower by such numbering

service provider.

Clause33.4

Disclosure by UK Export Finance

The Parties acknowledge and agree that nothing in this Agreement shall

prevent UK Export Finance from disclosing Confidential Information:

to UK Export Finance's employees, agents, consultants, advisers

and contractors, any of UK Export Finance's insurers and/or

reinsurers and any other party with whom UK Export Finance may

potentially enter into insurance or reinsurance arrangements

(including their agents, brokers and consultants);

to any successor body or company to which UK Export Finance

transfers or proposes to transfer all or any part of its business;

to any person to whom information is required or requested to be

disclosed:

by any court of competent jurisdiction or any governmental,

banking, taxation or other regulatory authority or similar body,

the rules of any relevant stock exchange or pursuant to any

applicable law or regulation;

ii)

in connection with, and for the purposes of, any litigation,

arbitration, administrative or other investigations, proceedings

or disputes; or

iii)

by an international organisation of which UK Export Finance

or the United Kingdom is a member;

to any other UK government department and otherwise to the extent

that UK Export Finance deems disclosure to be necessary or

appropriate in connection with carrying out its public functions and

duties;

for any examination pursuant to section 6(1) of the National Audit

Act 1983 of the economy, efficiency and effectiveness with which UK

Export Finance has used its resources;

to the Serious Fraud Office, the National Crime Agency or any other

authority in connection with any breach, or potential breach, of

applicable law or regulation;

in publishing in UK Export Finance's annual report, on its website or

elsewhere details of the names of the Buyer and the Exporter and

the country in which the Export Contract is to be performed, a short

description of the items supplied under the Export Contract or the

Project, the type and amount of UK Export Finance support provided

and the potential environmental and/or social impact category that

UK Export Finance has assigned to the Project; or

to any person with the consent of the Borrower (such consent not to

be unreasonably withheld or delayed).

Clause33.5

Freedom of Information

Each Party acknowledges that UK Export Finance is subject to the

requirements of the Information Legislation and will provide all necessary

assistance and cooperation as requested by UK Export Finance to enable

UK Export Finance to comply with its obligations under the Information

Legislation.

Each Party acknowledges that UK Export Finance may be required under

the Information Legislation to disclose Information concerning any Party

(including Confidential Information and commercially sensitive information)

without consulting or obtaining consent from that Party. Notwithstanding

this, if UK Export Finance receives a request under the Information

Legislation to disclose Information concerning any Party, UK Export

Finance will endeavour, in accordance with any relevant guidance issued

under the Information Legislation and to the extent that it is lawful for UK

Export Finance to do so, to:

prior to the making of a disclosure pursuant to the Information

Legislation provide the relevant Party with details of the request

received and give that Party an opportunity to make representations

on the applicability of any exemption in the Information Legislation in

relation to the Information which has been requested;

ii)

consider any such representations received from that Party; and

iii)

if UK Export Finance determines that disclosure pursuant to the

Information Legislation is required, advise that Party of the scope

and content of any disclosure in advance of disclosing that

information.

UK Export Finance will be responsible for determining in its absolute

discretion whether any Information relating to any Party is exempt from

disclosure in accordance with the Information Legislation.

Clause33.6

Disclosure to the Exporter

Subject to

Clause 33.2

(Disclosure of Confidential Information), each Party

agrees that the Agent may disclose the form (whether in draft or final

agreed version) of the Exporter Payment Request, the Exporter Receipt

and any terms of this Agreement for the sole purpose of enabling the

Exporter to request a payment and for such payment to be made to the

Exporter.

Clause33.7

Entire agreement

This

Clause 33

constitutes the entire agreement between the Parties in

relation to the obligations of the Finance Parties under the Finance

Documents regarding Confidential Information and supersedes any

previous agreement, whether express or implied, regarding Confidential

Information.

Clause33.8

Inside information

Each of the Finance Parties acknowledges that some or all of the

Confidential Information is or may be price-sensitive information and that

the use of such information may be regulated or prohibited by applicable

legislation including securities law relating to insider dealing and market

abuse and each of the Finance Parties undertakes not to use any

Confidential Information for any unlawful purpose.

Clause33.9

Notification of disclosure

Each of the Finance Parties agrees (to the extent permitted by law and

regulation) to inform the Borrower:

of the circumstances of any disclosure of Confidential Information

made pursuant to paragraph (b)(v) of

Clause 33.2

(Disclosure of

Confidential Information) except where such disclosure is made to

any of the persons referred to in that paragraph during the ordinary

course of its supervisory or regulatory functions; and

upon becoming aware that Confidential Information has been

disclosed in breach of this

Clause 33.

Clause33.10

Continuing obligations

The obligations in this

Clause 33

are continuing and, in particular, shall

survive and remain binding on each Finance Party for a period of twelve

12)

months from the earlier of:

the date on which all amounts payable by the Borrower under or in

connection with this Agreement have been paid in full and all

Commitments have been cancelled or otherwise cease to be

available; and

the date on which such Finance Party otherwise ceases to be a

Finance Party.

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