Privacy Settings

(a) canvass, solicit or approach, or attempt or cause to be canvassed, solicited or approached any Relevant Customer for the sale or supply of Relevant Products or Services in the United Arab Emirates;

(b) deal or contract with any Relevant Customer in relation to the sale or supply of Relevant Products or Services in the United Arab Emirates; or

(c) solicit, recruit or hire any person who is an officer, director, or employee engaged by any company within the Group from time to time.

(a) disclosure is required by applicable law or for the purpose of any judicial proceedings or by any regulatory authority, government body or recognised securities exchange, provided that the First Claimant, the Second Claimant or Akkach Investments Limited to which the information relates shall have been consulted and reasonable attempts to resist or limit such disclosure shall have been made, where practicable;

(b) the information is or becomes generally available to the public other than as a result of a breach of any undertaking or duty of confidentiality by any person;

(c) the information is disclosed on a strictly confidential basis by the Defendant to Akkach Investments Limited or to his or Akkach Investments Limited’s directors, officers, employees, professional advisors, consultants, auditors, bankers, lenders and investors for the legitimate pursuit or conduct of business as indirect shareholder (in the Defendant’s case) and direct shareholder (in Akkach Investments Limited’s case) of the First Claimant or the advancement of the same;

(d) each of the First Claimant, the Second Claimant or Akkach Investments Limited to which the information relates has given its prior written consent to the contents and manner of the disclosure.

“Affiliates”
means, with respect to any Person, any other Person that directly, or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such first Person and if such first Person is a natural Person including that Person’s Immediate Family provided that for the purposes of this Order (i) neither the First Claimant nor any of its Controlled Affiliates shall be deemed to be an Affiliate of either the Defendant or Akkach Investments Limited, and (ii) neither the Defendant nor Akkach Investments Limited shall be deemed to be an Affiliate of the First Claimant;

“Confidential Information”
means any information held by the Defendant which is: (a) related to or connected with or arising out of (i) the Shareholders’ Agreement or the matters contained therein or (ii) the business, activities or affairs of the First Claimant , the Second Claimant or the Group and (b) not generally known to the public and is treated as confidential and proprietary, including all know-how, competitively sensitive or secret business information, marketing know-how, the terms of the Shareholders’ Agreement or any agreement of the First Claimant, and any other documents referred to therein, development plans, confidential business or future plans, customer lists strategic and tactical business planning materials, operational security information, source-codes and other technical information;

“Control”
means (i) the legal or beneficial ownership, directly or indirectly, of fifty percent (50%) or more of the share capital or other ownership interests of any Person, (ii) the ability, directly or indirectly, to appoint half or more of the board or other controlling body of any Person, or (iii) the ability, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise to direct or cause the direction of the management and policies of any Person. A Person shall be deemed to direct or cause the direction of the management and policies of a Person if the consent or approval of such Person is required with respect to all or substantially all material decisions (and “Controlled” and “Controlling” shall be construed accordingly);

“Dr Akkach Entities”
means together Health Bay DMCC, Dermatology Bay Clinic DMCC, Health Day Surgery Center LLC, Health Bay AlThanya, Health Bay Mirdif, Health Bay Motor City, and Comprehensive Diagnostic Center and “Dr Akkach Entity” means any of them;

“Group”
means the First Claimant and its Affiliates (including any of their branches) and “Group Entity” shall be construed accordingly;

“Person”
means any company, general or limited partnership, limited liability company, firm, unincorporated association, branch, joint venture, trust, estate, natural person (including that person’s legal personal representatives), Governmental Authority or other organization, in each case whether or not having a legal personality and whether in its own or a representative capacity and including its successors and assigns;

“Relevant Customer”
means any Person who at any time during the term of the Shareholders’ Agreement or the period of eighteen (18) months immediately preceding the Closing Date of 12 February 2015: (i) is or was negotiating with the Defendant, Akkach Investments Limited, any Group Entity or any Dr Akkach Entity for the supply by it of Relevant Products or Services; (ii) is or was a patient, client or customer of the Defendant, Akkach Investments Limited, any Group Entity or any Dr Akkach Entity; or (iii) is or was a Person to whom the Defendant, Akkach Investments Limited, any Group Entity or any Dr Akkach Entity had proposed to supply the Relevant Products or Services

“Relevant Products or Services”
means (i) products or services that are supplied by the Claimants or any Group Entity or that are competitive with or of the type supplied by the Claimants or any Group Entity at any time during the term of the Shareholders’ Agreement and the period of eighteen (18) months immediately preceding the Closing Date of 12 February 2015; and (ii) products or services that are under active and current development by the Claimants or any Group Entity during the term of the Shareholders’ Agreement or at the date of termination of the Shareholders’ Agreement or competitive with such products or services;

“Shareholders’ Agreement”
means the shareholders’ agreement dated 12 February 2015 between the First Claimant, the Defendant, Akkach Investments Limited and the Second Claimant.