Common use of COMMERCIAL-IN-CONFIDENCE INFORMATION Clause in Contracts

COMMERCIAL-IN-CONFIDENCE INFORMATION. Subject to paragraphs (b) and (c), the Commonwealth will take reasonable steps to protect the confidentiality of the Consultant's information described in the Panel Particulars and received from the Consultant (Commercial-in-Confidence Information). The obligation of confidentiality in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with this Panel Agreement; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). The parties acknowledge that the Commercial-in-Confidence Information is regarded by the Consultant as confidential in nature for the justifications given by the Consultant in the Panel Particulars and for the period asserted by the Consultant in the Panel Particulars. The Consultant: must not, in marking information provided to the Commonwealth, misuse the term "confidential" or any similar term implying confidentiality; and acknowledges that the marking of information as "confidential" or in similar terms does not affect the legal nature or character of the information.

COMMERCIAL-IN-CONFIDENCE INFORMATION. Subject to paragraphs (b) and (c), the Commonwealth Contractor will take reasonable steps to protect the confidentiality of the Consultant's information described in the Panel Subcontract Particulars and received from the Consultant (Commercial-in-Confidence Information). The obligation of confidentiality in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with this Panel AgreementSubcontract; disclosed by the Commonwealth Contractor to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth Contractor to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth Contractor to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). The parties acknowledge that the Commercial-in-Confidence Information is regarded by the Consultant as confidential in nature for the justifications given by the Consultant in the Panel Subcontract Particulars and for the period asserted by the Consultant in the Panel Subcontract Particulars. The Consultant: must not, in marking information provided to the CommonwealthContractor, misuse the term "confidential" or any similar term implying confidentiality; and acknowledges that the marking of information as "confidential" or in similar terms does not affect the legal nature or character of the information.