Common use of Confidence Information Clause in Contracts

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 Official Order 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 Contract; 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 justification given by the Consultant in the Official Order and for the period asserted by the Consultant in the Official Order. 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.

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 Official Order 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 Contract; 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 justification justifications given by the Consultant in the Official Order and for the period asserted by the Consultant in the Official Order. 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.

Confidence Information. Subject Without limiting clause 1.3(f) of the Terms of Engagement and subject to paragraphs (b) and (c): this Panel Agreement; and any information provided to the Consultant under or in connection with this Panel Agreement by the Commonwealth or a third party which the Commonwealth designates as confidential or which the Consultant ought to realise is confidential, is to be treated as confidential in nature and the Consultant must not disclose it without the prior written consent of the Commonwealth, except to the extent that the disclosure is required for the Consultant to carry out its obligations under this Panel Agreement. Subject to paragraphs (c) and (d), the Commonwealth will take reasonable steps to protect the confidentiality of the Consultant's information described in the Official Order Appendix 3 and received from the Consultant (Commercial-in-Confidence Confidential Information). The obligation of confidentiality in paragraph (ab) does not apply if the Commercial-in-Confidence Confidential Information is: disclosed by the Commonwealth to its legal to: any department, agency, officer, authority 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 Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with minister of the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser house or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament committee 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 responsibilitiesparliament; authorised or required by law or any court or tribunal to be disclosed; in the public domain, or in the public domain possession of the Commonwealth without restriction in relation to its disclosure, otherwise than due to a breach of paragraph (ab); or required to be disclosed for the exercise by the Commonwealth of any of its rights under this Panel Agreement or otherwise at law or in equity, including, without limitation: the enjoyment of any of its intellectual property rights; to its legal or business advisers for purposes related to this Panel Agreement; or to enable a person other than the Consultant to perform work or services contemplated in this Panel Agreement in accordance with this Panel Agreement; or otherwise ceases to have the character of confidential information. The parties acknowledge that the Commercial-in-Confidence Confidential Information is regarded by the Consultant as confidential in nature for the justification justifications given by the Consultant in the Official Order Appendix 3 and for the period asserted by the Consultant in the Official OrderAppendix 3. 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.