Clause 5. 3.1 shall not apply to the extent that: (a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause 5.4 (Freedom of Information); (b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner; (c) such information was obtained from a third party without obligation of confidentiality; (d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Agreement; or (e) it is independently developed without access to the other Party's Confidential Information.
Appears in 2 contracts
Samples: Invitation to Tender, Management Agreement
Clause 5. 3.1 4.1 shall not apply to the extent that:that:-
(a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause 5.4 Clause 5.5 (Freedom of Information);
(b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;
(c) such information was obtained from a third party without obligation of confidentiality;
(d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Agreement; or
(e) it is independently developed without access to the other Party's Confidential Information.
Appears in 1 contract
Clause 5. 3.1 2.1 shall not apply to the extent that:
(a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause 5.4 5.3 (Freedom of Information);
(b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;
(c) such information was obtained from a third party without obligation of confidentiality;
(d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Agreement; or
(e) it is independently developed without access to the other Party's Confidential Information.
Appears in 1 contract
Samples: Services Agreement
Clause 5. 3.1 shall not apply to the extent that:
(a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause 5.4 (Freedom of Information);
(b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;
(c) such information was obtained from a third party without obligation of confidentiality;
(d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this AgreementContract; or
(e) it is independently developed without access to the other Party's Confidential Information.; or
(f) such disclosure is reasonably required by the Council
Appears in 1 contract
Samples: Dynamic Purchasing System Agreement
Clause 5. 3.1 2.1 shall not apply to the extent that:
(a) such disclosure is a requirement of Law placed upon the Party making the disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations pursuant to clause 5.4 (Freedom of Information)5.3;
(b) such information was in the possession of the Party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner;
(c) such information was obtained from a third party without obligation of confidentiality;
(d) such information was already in the public domain at the time of disclosure otherwise than by a breach of this Agreement; or
(e) it is independently developed without access to the other Party's Confidential Information.
Appears in 1 contract
Samples: Framework Agreement