Common use of Confidentiality and Communications Clause in Contracts

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project; 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any Owner’s policy concerning the Owner’s Confidential Information, the details of which have been provided to the Design- Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the Owner, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the Owner. The Design-Builder, with the prior written consent of the Owner, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 The parties will comply with Schedule 4 – Communication Roles.

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project;. 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any Owner’s policy concerning the Owner’s Confidential Information, the details of which have been provided to the Design- Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the Owner, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the Owner. The Design-Builder, with the prior written consent of the Owner, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 The parties will comply with Schedule 4 – Communication Roles.

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project; 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any Owner’s policy concerning the Owner’s Confidential Information, the details of which have been provided to the Design- Design-Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the Owner, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Design-Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the Owner. The Design-Builder, with the prior written consent of the Owner, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 The parties will comply with Schedule 4 – Communication Roles.

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. Inc., BC Housing and any other governmental authority which require the information in relation to the Project; 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any Owner’s policy concerning the Owner’s Confidential Information, the details of which have been provided to the Design- Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the Owner, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure disclosure, whether for publication in the press, radio, television or any other medium medium, of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the Owner. The Design-Builder, with the prior written consent of the Owner, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 The parties will comply with Schedule 4 – Communication Roles.

Confidentiality and Communications. 66.1 64.1 Subject to Section 66.264.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 64 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner Authority from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project; 66.2 64.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any OwnerAuthority’s policy concerning the OwnerAuthority’s Confidential Information, the details of which have been provided to the Design- Design-Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner Authority is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 64.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 64.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 64.1, subject, in the case of a claim for any such remedy against the OwnerAuthority, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 64.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential InformationInformation or any matters relating thereto, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- 64.5 The Design-Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the OwnerAuthority. The Design-Builder, with the prior written consent of the OwnerAuthority, may include the Project in its promotional materials. 66.6 64.6 The Design-Builder acknowledges that the Owner Authority may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 64.7 The parties will comply with Schedule 4 8 – Communication Roles.

Confidentiality and Communications. 66.1 64.1 Subject to Section 66.264.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 64 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project; 66.2 64.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any Owner’s policy concerning the Owner’s Confidential Information, the details of which have been provided to the Design- Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 64.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 64.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 64.1, subject, in the case of a claim for any such remedy against the Owner, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 64.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, Information without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 64.5 Except to the extent required for compliance with any applicable securities laws, the Design- Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the Owner. The Design-Builder, with the prior written consent of the Owner, may include the Project in its promotional materials. 66.6 64.6 The Design-Builder acknowledges that the Owner may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 64.7 The parties will comply with Schedule 4 – Communication Roles.

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) : the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) and the Owner Authority from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Infrastructure BC Inc. and any other governmental authority which require the information in relation to the Project; 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) : Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) ; Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) ; Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) ; Confidential Information to the extent consistent with any Owner’s Authority's policy concerning the Owner’s Authority's Confidential Information, the details of which have been provided to the Design- Design-Builder in writing prior to the disclosure; or (e) or the material referred to in Section 18.5 and any Confidential Information that the Owner Authority is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the OwnerAuthority, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the OwnerAuthority. The Design-Builder, with the prior written consent of the OwnerAuthority, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner Authority may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. . 66.7 The parties will comply with Schedule 4 5 – Communication Roles.

Confidentiality and Communications. 66.1 Subject to Section 66.2, each party will hold in confidence any Confidential Information received from the other party, except that this Section 66 will not restrict: (a) the Design-Builder from disclosing or granting access to such information to its professional advisers and consultants, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement and provided further that the Design-Builder may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to a Subcontractor and its advisors, or provide or cause to be provided to other third parties, Confidential Information which is necessary to enable the Design-Builder to perform (or to cause to be performed) its obligations under this Agreement; and (b) the Owner Authority from disclosing or granting access to such information to any provincial ministry, Partnerships British Columbia Inc. and any other governmental authority which require the information in relation to the Project; 66.2 Subject to any restrictions on the Confidential Information which are imposed by a third party that may own any Confidential Information, the obligation to maintain the confidentiality of the Confidential Information does not apply to: (a) Confidential Information which the party that disclosed the Confidential Information confirms in writing is not required to be treated as Confidential Information; (b) Confidential Information which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; (c) Confidential Information to the extent any person is required to disclose such Confidential Information by Law, including a disclosure required under FIPPA; (d) Confidential Information to the extent consistent with any OwnerAuthority’s policy concerning the OwnerAuthority’s Confidential Information, the details of which have been provided to the Design- Design-Builder in writing prior to the disclosure; or (e) the material referred to in Section 18.5 and any Confidential Information that the Owner Authority is entitled to receive from the Design-Builder pursuant to this Agreement. 66.3 Without prejudice to any other rights and remedies that the other party may have, each of the parties agrees that damages may not be an adequate remedy for a breach of Section 66.1 and that the other party will, in such case, be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Section 66.1 subject, in the case of a claim for any such remedy against the OwnerAuthority, to the provisions of the Crown Proceeding Act (British Columbia). 66.4 Unless required by any Law, neither party will make or permit to be made any public announcement or disclosure whether for publication in the press, radio, television or any other medium of any Confidential Information, without the consent of the other party (which will not be unreasonably withheld or delayed). 66.5 Except to the extent required for compliance with any applicable securities laws, the Design- Design-Builder will not make any public announcement relating to the Project or this Agreement without the prior written consent of the OwnerAuthority. The Design-Builder, with the prior written consent of the OwnerAuthority, may include the Project in its promotional materials. 66.6 The Design-Builder acknowledges that the Owner Authority may, in its discretion and without consultation with the Design-Builder, make any public announcement relating to the Project. 66.7 The parties will comply with Schedule 4 – Communication Roles.