Common use of Confidential Information Requirements Clause in Contracts

Confidential Information Requirements. The Contractor must: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements). Subject to, if clause 22 applies, clause 22, the Contractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Activities and achieving Completion of the Works. The Contractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the Contractor, would be a breach of: clause 21; or any other Confidential Information or information security requirements notified by the Contract Administrator (including any Separation Arrangements). The Contractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2118; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 19 applies, clause 2219, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: clause 2118; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements). Subject to, if clause 22 15 applies, clause 2215, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing its obligations under the Contractor's Activities and achieving Completion of Panel Agreement or the WorksServices or otherwise complying with its obligations under the Panel Agreement. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: clause 2114; or any other Confidential Information or information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Panel Manager if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor must: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements). Subject to, if clause 22 appliesthere is any Special Condition addressing information security, clause 22that Special Condition, the Contractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Activities and achieving Completion of the Works. The Contractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the Contractor, would be a breach of: clause 21; or any other Confidential Information or information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements). The Contractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator PDS Contractor if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator PDS Contractor (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 16 applies, clause 2216, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2115; or any all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 11 or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: securely and appropriately return all copies of the Confidential Information (in a tangible form) to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) confirming that the Confidential Information (whether in a tangible form or intangible form) has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant 's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). Where required by law, the Consultant may keep one copy of the Confidential Information for its records. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 15. Within 24 hours (or such period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant or the Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environment and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and Confidential Information Requirements). Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has engaged the Consultant to carry out the Services strictly on the basis of, and in reliance upon, the obligations, warranties and releases set out in this clause 15; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: this clause 15; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 11 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 15 is not capable of being the subject of a dispute or difference for the purposes of clause 12 or otherwise subject to review; releases the Commonwealth from all Claims arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 15; and indemnifies the Commonwealth in respect of all Claims arising out of or in connection with: the Consultant being in breach of this clause 15; or the exercise of any of the Commonwealth's absolute discretions under this clause 15.

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 16. applies, clause 2216., the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2115.; or any other Confidential Information or information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 11. or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: where the Confidential Information is in a tangible form, securely and appropriately return all copies of that Confidential Information to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly, securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer approved by the Commonwealth (acting reasonably) confirming that the Confidential Information has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). To the extent required by a Statutory Requirement or to maintain compliance with the Consultant's quality assurance process, system or framework, the Consultant may keep one copy of the Confidential Information for its records subject to the Consultant: promptly notifying the Commonwealth's Representative of all Confidential Information it proposes to keep and the detailed basis for doing so; and maintaining the information security of the Confidential Information in accordance with clause 15.. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 15.. Within 24 hours (or such other period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant and all Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by the Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environments and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and Confidential Information Requirements) by the time and date specified in the request. Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has: entered into the Contract; and if applicable, made payments to the Consultant under clause 9.5 or 9A.4 (as applicable), strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in this clause 15.; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Consultant: notifies the Commonwealth's Representative under clause 15.2B.; or has failed to strictly comply with: this clause 15.; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 11.4; or take such Confidential Information Incident or failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 15. is not capable of being the subject of a dispute or difference for the purposes of clause 12. or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 15.; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Confidential Information Incident; the Consultant's failure to strictly comply with clause 15. or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under this clause 15..

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2118; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements). Subject to, if clause 22 19 applies, clause 2219, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: clause 2118; or any other Confidential Information or information security requirements notified by the Contract Administrator (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Subcontractor must: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 applies, clause 22, the Contractor Subcontractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the ContractorSubcontractor's Activities and achieving Completion of the Subcontract Works. The Contractor Subcontractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubcontractor, would be a breach of: clause 21; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Subcontractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Subcontractor must: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 applies, clause 22, the Contractor Subcontractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Subcontractor’s Activities and achieving Completion of the Subcontract Works. The Contractor Subcontractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubcontractor, would be a breach of: clause 21; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Subcontractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 15 applies, clause 2215, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2114; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2114; or any all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 10 or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: securely and appropriately return all copies of the Confidential Information (in a tangible form) to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) confirming that the Confidential Information (whether in a tangible form or intangible form) has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). Where required by law, the Consultant may keep one copy of the Confidential Information for its records. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 14. Within 24 hours (or such period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 14 (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant or the Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 14 (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environment and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 14 (including any Separation Arrangements and Confidential Information Requirements). Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has engaged the Consultant to carry out the Services strictly on the basis of, and in reliance upon, the obligations, warranties and releases set out in this clause 14; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: this clause 14; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 10 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 14 is not capable of being the subject of a dispute or difference for the purposes of clause 11 or otherwise subject to review; releases the Commonwealth from all Claims arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 14; and indemnifies the Commonwealth in respect of all Claims arising out of or in connection with: the Consultant being in breach of this clause 14; or the exercise of any of the Commonwealth's absolute discretions under this clause 14.

Confidential Information Requirements. The Contractor Subcontractor must: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 21 applies, clause 2221, the Contractor Subcontractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Subcontractor’s Activities and achieving Completion of the Subcontract Works. The Contractor Subcontractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubcontractor, would be a breach of: clause 2120; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Subcontractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 16. applies, clause 2216., the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2115.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2115.; or any all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 11. or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: securely and appropriately return all copies of the Confidential Information (in a tangible form) to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) confirming that the Confidential Information (whether in a tangible form or intangible form) has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant 's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). Where required by law, the Consultant may keep one copy of the Confidential Information for its records. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 15.. Within 24 hours (or such period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant or the Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environment and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 15. (including any Separation Arrangements and Confidential Information Requirements). Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has engaged the Consultant to carry out the Services strictly on the basis of, and in reliance upon, the obligations, warranties and releases set out in this clause 15.; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: this clause 15.; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 11. or otherwise at law; or take such failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 15. is not capable of being the subject of a dispute or difference for the purposes of clause 12. or otherwise subject to review; releases the Commonwealth from all Claims arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 15.; and indemnifies the Commonwealth in respect of all Claims arising out of or in connection with: the Consultant being in breach of this clause 15.; or the exercise of any of the Commonwealth's absolute discretions under this clause 15..

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2116.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2116.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 17. applies, clause 2217., the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2116.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2116.; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2116.; or any other Confidential Information or information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 12. or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: where the Confidential Information is in a tangible form, securely and appropriately return all copies of that Confidential Information to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly, securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer approved by the Commonwealth (acting reasonably) confirming that the Confidential Information has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). To the extent required by a Statutory Requirement or to maintain compliance with the Consultant's quality assurance process, system or framework, the Consultant may keep one copy of the Confidential Information for its records subject to the Consultant: promptly notifying the Commonwealth's Representative of all Confidential Information it proposes to keep and the detailed basis for doing so; and maintaining the information security of the Confidential Information in accordance with clause 16.. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 16.. Within 24 hours (or such other period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 16. (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant and all Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by the Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 16. (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environments and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 16. (including any Separation Arrangements and Confidential Information Requirements) by the time and date specified in the request. Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has: entered into the Contract; and if applicable, made payments to the Consultant under clause 10.5 or 10A.4 (as applicable), strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in this clause 16.; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Consultant: notifies the Commonwealth's Representative under clause 16.2B.; or has failed to strictly comply with: this clause 16.; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 12.4; or take such Confidential Information Incident or failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 16. is not capable of being the subject of a dispute or difference for the purposes of clause 13. or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 16.; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Confidential Information Incident; the Consultant's failure to strictly comply with clause 16. or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under this clause 16..

Confidential Information Requirements. The Contractor Subcontractor must: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 21 applies, clause 2221, the Contractor Subcontractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the ContractorSubcontractor's Activities and achieving Completion of the Subcontract Works. The Contractor Subcontractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubcontractor, would be a breach of: clause 2120; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Subcontractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. (a) The Contractor Consultant must: : (i) strictly comply with: : A. this clause 2115; and and B. all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and and (ii) immediately put in place arrangements to ensure that it strictly complies with: : A. this clause 2115; and and B. all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). . (b) Subject to, if clause 22 16 applies, clause 2216, the Contractor Consultant must not: : (i) copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or or (ii) disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the Works. Services. (c) The Contractor Consultant must ensure that all Recipients of Confidential Information: : (i) strictly comply with: : A. this clause 2115; and and B. all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); ; (ii) immediately put in place arrangements to ensure that they strictly comply with: : A. this clause 2115; and and B. all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and and (iii) do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: : A. this clause 2115; or any or B. all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). . (d) The Contractor Consultant must: : (i) ensure: : A. the Confidential Information (or any part of it); and and B. all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: : C. secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and and D. otherwise in accordance with all Separation Arrangements; and and (ii) immediately: : A. detect all actual or potential Confidential Information Incidents; ; B. notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; ; C. take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and and D. strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements). Subject to, if clause 22 16 applies, clause 2216, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2115; or any all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth or the Contractor's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth or the Contractor's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth or the Contractor's Representative, at any time; the termination of the Subcontract under clause 11 or otherwise at law; or Completion of the Services, the Consultant must: subject to paragraph (b), as directed by the Commonwealth or the Contractor's Representative in the request or notice (as the case may be) (if any) promptly: securely and appropriately return all copies of the Confidential Information (in a tangible form) to the Contractor Representative (as appropriate); securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Contractor's Representative with a statutory declaration in a form approved by the Contractor's Representative from an authorised officer whose identity and position is approved by the Contractor's Representative (acting reasonably) confirming that the Confidential Information (whether in a tangible form or intangible form) has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth and the Contractor's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). Where required by law, the Consultant may keep one copy of the Confidential Information for its records. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 15. Within 24 hours (or such period notified by the Commonwealth or the Contractor's Representative) of receipt of a request by the Commonwealth or the Contractor's Representative, at any time, the Consultant must: provide the Commonwealth or the Contractor's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant or the Recipients have in place; and a statutory declaration in a form approved by the Contractor's Representative from an authorised officer whose identity and position is approved by the Contractor's Representative (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth or the Contractor's Representative in the request, provide the Commonwealth, the Contractor's Representative and the Contractor with access to the Consultant's and all Recipients' premises, records, information technology environment and equipment to enable the Commonwealth, the Contractor's Representative and the Contractor to monitor and assess the Consultant's and all Recipients' compliance with clause 15 (including any Separation Arrangements and Confidential Information Requirements). Without limiting any other provision of this Subcontract, the Consultant: acknowledges and agrees that: the Contractor has engaged the Consultant to carry out the Services strictly on the basis of, and in reliance upon, the obligations, warranties and releases set out in this clause 15; without limiting any other right or remedy of the Contractor, if the Consultant has failed to strictly comply with: this clause 15; or any other Confidential Information or information security requirements notified by the Commonwealth or the Contractor's Representative (including any Separation Arrangements), the Contractor may (in its absolute discretion) terminate the Subcontract under clause 11 or otherwise at law; and the exercise of any of the Contractor's absolute discretions under this clause 15 is not capable of being the subject of a dispute or difference for the purposes of clause 12 or otherwise subject to review; releases the Contractor from all Claims arising out of or in connection with the exercise of any of the Contractor's absolute discretions under this clause 15; and indemnifies the Contractor in respect of all Claims arising out of or in connection with: the Consultant being in breach of this clause 15; or the exercise of any of the Contractor's absolute discretions under this clause 15.

Confidential Information Requirements. The Contractor Subconsultant must: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2118; and all other Confidential Information and information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements). Subject to, if clause 22 19 applies, clause 2219, the Contractor Subconsultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the Contractor's Activities and achieving Completion of the WorksSubcontract Services. The Contractor Subconsultant must ensure that all Recipients of Confidential Information: strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2118; and all other Confidential Information and information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubconsultant, would be a breach of: clause 2118; or any other Confidential Information or information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements). The Contractor Subconsultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the DSC Contract Administrator and the Consultant's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the DSC Contract Administrator or the Consultant's Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Subcontractor must: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). Subject to, if clause 22 21 applies, clause 2221, the Contractor Subcontractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing the ContractorSubcontractor's Activities and achieving Completion of the Subcontract Works. The Contractor Subcontractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorSubcontractor, would be a breach of: clause 2120; or any other Confidential Information or information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements). The Contractor Subcontractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the MCC Contract Administrator and the Contractor’s Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor must: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements). Subject to, if clause 22 applies, clause 22, the Contractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the Works. The Contractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 21; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the Contractor, would be a breach of: clause 21; or any other Confidential Information or information security requirements notified by the Contract Administrator (including any Separation Arrangements). The Contractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor must: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2120; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements). Subject to, if clause 22 21 applies, clause 2221, the Contractor must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the Works. The Contractor must ensure that all Recipients of Confidential Information: strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2120; and all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the Contractor, would be a breach of: clause 2120; or any other Confidential Information or information security requirements notified by the Contract Administrator (including any Separation Arrangements). The Contractor must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator (including any Separation Arrangements), (together the Confidential Information Requirements).

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: this clause 2134; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: this clause 2134; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). Subject to, if clause 22 35 applies, clause 2235, the Contractor Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing carrying out the Contractor's Activities and achieving Completion of the WorksServices. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: this clause 2134; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: this clause 2134; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: this clause 2134; or any all other Confidential Information or and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Representative if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate mitigate, resolve or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Representative (including any Separation Arrangements), (together the Confidential Information Requirements). Within 7 days of: a request from the Commonwealth's Representative, at any time; the termination of the Contract under clause 30 or otherwise at law; or the expiry of the last Defects Liability Period under the Project Contract, the Consultant must: subject to paragraph (b), as directed by the Commonwealth's Representative or the Commonwealth in the request or notice (as the case may be) (if any) promptly: securely and appropriately return all copies of the Confidential Information (in a tangible form) to the Commonwealth's Representative; securely and appropriately destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); ensure all Recipients of Confidential Information (or any part of it) promptly securely and appropriately return, destroy and erase all copies of the Confidential Information (whether in a tangible or intangible form); provide the Commonwealth's Representative with a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) confirming that the Confidential Information (whether in a tangible form or intangible form) has been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and promptly notify the Commonwealth's Representative of all Confidential Information (or any part of it) which the Consultant knows or ought to know: has not been securely and appropriately returned, destroyed or erased by the Consultant and all Recipients; and is beyond the Consultant 's or a Recipient's possession, power, custody or control, giving full particulars (including the nature and extent of the Confidential Information, precise location, entity in possession, custody or control and all relevant Confidential Information and information security arrangements). Where required by law, the Consultant may keep one copy of the Confidential Information for its records. The Consultant acknowledges and agrees that the return, destruction or erasure of the Confidential Information does not affect the Consultant's obligations under this clause 34. Within 24 hours (or such period notified by the Commonwealth's Representative) of receipt of a request by the Commonwealth's Representative, at any time, the Consultant must: provide the Commonwealth's Representative with: evidence of the Consultant's and all Recipients' compliance with clause 34 (including any Separation Arrangements and the Confidential Information Requirements), including all arrangements that the Consultant or the Recipients have in place; and a statutory declaration in a form approved by the Commonwealth from an authorised officer whose identity and position is approved by Commonwealth (acting reasonably) in respect of the Consultant's and all Recipients' compliance with clause 34 (including any Separation Arrangements and the Confidential Information Requirements); and as directed by the Commonwealth's Representative in the request, provide the Commonwealth's Representative and the Commonwealth with access to the Consultant's and all Recipients' premises, records, information technology environment and equipment to enable the Commonwealth's Representative and the Commonwealth to monitor and assess the Consultant's and all Recipients' compliance with clause 34 (including any Separation Arrangements and Confidential Information Requirements). Without limiting any other provision of this Contract, the Consultant: acknowledges and agrees that: the Commonwealth has engaged the Consultant to carry out the Services strictly on the basis of, and in reliance upon, the obligations, warranties and releases set out in this clause 34; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: this clause 34; or any other Confidential Information or information security requirements notified by the Commonwealth's Representative (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 30 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender submitted by the Consultant; and the exercise of any of the Commonwealth's absolute discretions under this clause 34 is not capable of being the subject of a dispute or difference for the purposes of clause 31 or otherwise subject to review; releases the Commonwealth from all Claims arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 34; and indemnifies the Commonwealth in respect of all Claims arising out of or in connection with: the Consultant being in breach of this clause 34; or the exercise of any of the Commonwealth's absolute discretions under this clause 34.

Confidential Information Requirements. The Contractor Consultant must: strictly comply with: clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); and immediately put in place arrangements to ensure that it strictly complies with: clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements). Subject to, if clause 22 applies, clause 22, the Contractor The Consultant must not: copy or otherwise reproduce in any form or medium the contents of the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be copied or reproduced in any form or medium; or disclose, use or deal with, the Confidential Information (or any part of it) or otherwise cause, permit or allow the Confidential Information (or any part of it) to be disclosed, used or dealt with, for any purpose other than performing its obligations under the Contractor's Activities and achieving Completion of Panel Agreement or the WorksServices or otherwise complying with its obligations under the Panel Agreement. The Contractor Consultant must ensure that all Recipients of Confidential Information: strictly comply with: clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); immediately put in place arrangements to ensure that they strictly comply with: clause 2115; and all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements); and do not do or omit to do anything which, if done or omitted to be done by the ContractorConsultant, would be a breach of: clause 2115; or any other Confidential Information or information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements). The Contractor Consultant must: ensure: the Confidential Information (or any part of it); and all documents, materials, media, information technology environments and all other things on or in which the Confidential Information (or any part of it) may be or is recorded, contained, set out, referred to, stored, processed or communicated (including via electronic or similar means), are strictly kept: secure and protected at all times from all unauthorised use, access, configuration and administration (or similar); and otherwise in accordance with all Separation Arrangements; and immediately: detect all actual or potential Confidential Information Incidents; notify the Contract Administrator Commonwealth's Panel Manager if it becomes aware of any actual or potential Confidential Information Incident; take all steps necessary to prevent, end, avoid, mitigate or otherwise manage the adverse effect of any actual or potential Confidential Information Incident; and strictly comply with all other Confidential Information and information security requirements notified by the Contract Administrator Commonwealth's Panel Manager (including any Separation Arrangements), (together the Confidential Information Requirements).