Common use of Controlled Information Clause in Contracts

Controlled Information. ‌ 33.1 This Clause 33 shall apply in addition to any other confidentiality provisions in the Contract and/or under this Framework Agreement. 33.2 The Supplier shall: (a) hold the Controlled Information and not use it other than for the purpose of discharging its’ obligations under the Contract; (b) not copy the Controlled Information except as strictly necessary for the purpose of discharging its’ obligations under the Contract, and only with the prior written authorisation of the Authority (which shall not be unreasonably withheld); (c) not disclose the Controlled Information to any third party unless authorised in writing beforehand by the Authority; (d) protect the Controlled Information diligently against unauthorised access and against loss; (e) act diligently to ensure that: (i) Controlled information is disclosed to its’ employees only to the extent necessary for the purpose of discharging its’ obligations under the Contract; (ii) employees to whom Controlled Information is disclosed are made aware of and required to comply with the terms of this Clause. 33.3 Where Controlled Information is provided to the Supplier, it shall; (a) compile a register of that Controlled Information, which shall include explicit description of the Controlled Information, a record of the number of copies made and a record of all access to the Controlled Information including access to any copies of the Controlled Information. (b) maintain this register for the duration of the Contract and for two (2) years following completion of the Task(s); (c) make a register of access available to the Authority upon reasonable notice for inspection and audit for so long as it is required to be maintained under this Condition; and, (d) at the completion of the Contract, return to the Authority all original and duplicate copies of the Controlled Information, or else at the Authority’s option destroy these copies and provide a certificate of destruction to the Authority. 33.4 This Clause shall not diminish or extinguish any right of the Supplier to copy, use or disclose any other information to the extent that it can show: (a) that the information concerned was or has become published or publicly available for use without breach of any provision of the Contract and this Framework Agreement or any other agreement between the Parties; (b) that the information was already known to it (without restrictions on disclosure or use) prior to receiving it under or in connection with the Contract; (c) that the information concerned was lawfully provided by a third party without restriction on use or further disclosure, or (d) from it’s records, that the information was derived independently of the Controlled Information; To the extent that such copying, use or disclosure of this other information shall not disclose it’s relationship to any Controlled Information.

Appears in 1 contract

Samples: Framework Agreement

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Controlled Information. ‌ 33.1 20.1 This Clause 33 20 shall apply in addition to and notwithstanding DEFCON 531 or any other confidentiality provisions in condition of the Contract and/or Tasking Order under this Framework Agreement. 33.2 20.2 For the purposes of this Clause “Controlled Information” shall have the meaning given at Clause 1.1 of the General Terms and Conditions of this Agreement 20.3 The Supplier Contractor shall: (aA) hold Hold the Controlled Information and not use it other than for the purpose of discharging its’ its obligations under the ContractTasking Order; (bB) not Not copy the Controlled Information except as strictly necessary for the purpose of discharging its’ its obligations under the ContractTasking Order, and only with the prior written authorisation of the Authority (which shall not be unreasonably withheld); (cC) not Not disclose the Controlled Information to any third party unless authorised in writing beforehand by the Authority; (dD) protect Protect the Controlled Information diligently against unauthorised access and against loss;; and, (eE) act Act diligently to ensure that: (i1) Controlled information Information is disclosed to its’ its employees only to the extent necessary for the purpose of discharging its’ its obligations under the ContractTasking Order; (ii2) employees Employees to whom Controlled Information is disclosed are made aware of and required to comply with the terms of this ClauseCondition. 33.3 20.4 Where Controlled Information is provided to the SupplierContractor, it shall;: (aA) compile Compile a register of that Controlled Information, which shall include explicit description of the Controlled Information, a record of the number of copies made and a record of all access to the Controlled Information including access to any copies of the Controlled Information. (bB) maintain Maintain this register for the duration of the Contract Tasking Order and for two (2) years following completion of the Task(s);Task. (cC) make Make a register of access available to the Authority upon reasonable notice for inspection and audit for so long as it is required to be maintained under this Condition; and, (dD) at At the completion of the ContractTasking Order, return to the Authority all original and duplicate copies of the Controlled Information, or else at the Authority’s option destroy these copies and provide a certificate of destruction to the Authority. 33.4 20.5 This Clause Condition shall not diminish or extinguish any right of the Supplier Contractor to copy, use or disclose any other information to the extent that it can show: (aA) that That the information concerned was or has become published or publicly available for use without breach of any provision of the Contract Tasking Order and this Framework Agreement or any other agreement between the Partiesparties; (bB) that That the information was already known to it (without restrictions on disclosure or use) prior to receiving it under or in connection with the ContractTasking Order; (cC) that That the information concerned was lawfully provided by a third party without restriction on use or further disclosure, ; or (dD) from it’s From its records, that the information was derived independently of the Controlled Information; To to the extent that such copying, use or disclosure of this other information shall not disclose it’s its relationship to any Controlled Information.

Appears in 1 contract

Samples: Framework Agreement for Technical Support

Controlled Information. 33.1 This Clause 33 shall apply in addition to any other confidentiality provisions in the Contract and/or under this Framework Agreement. 33.2 The Supplier shall: (a) hold the Controlled Information and not use it other than for the purpose of discharging its’ obligations under the Contract; (b) not copy the Controlled Information except as strictly necessary for the purpose of discharging its’ obligations under the Contract, and only with the prior written authorisation of the Authority (which shall not be unreasonably withheld); (c) not disclose the Controlled Information to any third party unless authorised in writing beforehand by the Authority; (d) protect the Controlled Information diligently against unauthorised access and against loss; (e) act diligently to ensure that: (i) Controlled information is disclosed to its’ employees only to the extent necessary for the purpose of discharging its’ obligations under the Contract; (ii) employees to whom Controlled Information is disclosed are made aware of and required to comply with the terms of this Clause. 33.3 Where Controlled Information is provided to the Supplier, it shall; (a) compile a register of that Controlled Information, which shall include explicit description of the Controlled Information, a record of the number of copies made and a record of all access to the Controlled Information including access to any copies of the Controlled Information. (b) maintain this register for the duration of the Contract and for two (2) years following completion of the Task(s); (c) make a register of access available to the Authority upon reasonable notice for inspection and audit for so long as it is required to be maintained under this Condition; and, (d) at the completion of the Contract, return to the Authority all original and duplicate copies of the Controlled Information, or else at the Authority’s option destroy these copies and provide a certificate of destruction to the Authority. 33.4 This Clause shall not diminish or extinguish any right of the Supplier to copy, use or disclose any other information to the extent that it can show: (a) that the information concerned was or has become published or publicly available for use without breach of any provision of the Contract and this Framework Agreement or any other agreement between the Parties; (b) that the information was already known to it (without restrictions on disclosure or use) prior to receiving it under or in connection with the Contract; (c) that the information concerned was lawfully provided by a third party without restriction on use or further disclosure, or (d) from it’s records, that the information was derived independently of the Controlled Information; To the extent that such copying, use or disclosure of this other information shall not disclose it’s relationship to any Controlled Information.

Appears in 1 contract

Samples: Framework Agreement

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Controlled Information. ‌ 33.1 25.1 This Clause 33 25.1 shall apply in addition to and notwithstanding DEFCON 531 or any other confidentiality provisions in condition of the Contract and/or under Contract 25.2 For the purposes of this Framework AgreementClause “Controlled Information” shall have the meaning given at Clause 1.1 of the Terms and Conditions of this Contract. 33.2 25.3 The Supplier Contractor shall: (aA) hold Hold the Controlled Information and not use it other than for the purpose of discharging its’ its obligations under the Contract; (bB) not Not copy the Controlled Information except as strictly necessary for the purpose of discharging its’ its obligations under the Contract, and only with the prior written authorisation of the Authority (which shall not be unreasonably withheld); (cC) not Not disclose the Controlled Information to any third party unless authorised in writing beforehand by the Authority; (dD) protect Protect the Controlled Information diligently against unauthorised access and against loss;againstloss; and, (eE) act Act diligently to ensure that: (i1) Controlled information Information is disclosed to its’ its employees only to the extent necessary for the purpose of discharging its’ its obligations under the Contract; (ii2) employees Employees to whom Controlled Information is disclosed are made aware of and required to comply with the terms of this ClauseCondition. 33.3 25.4 Where Controlled Information is provided to the SupplierContractor, it shall;: (aA) compile Compile a register of that Controlled Information, which shall include explicit description of the Controlled Information, a record of the number of copies made and a record of all access to the Controlled Information including access to any copies of the Controlled Information. (bB) maintain Maintain this register for the duration of the Contract and for two (2) years following completion of the Task(s);Work. (cC) make Make a register of access available to the Authority upon reasonable notice for inspection and audit for so long as it is required to be maintained under this Condition; and, (dD) at At the completion of the ContractWork, return to the Authority all original and duplicate copies of the Controlled Information, or else at the Authority’s option destroy these copies and provide a certificate of destruction to the Authority. 33.4 25.5 This Clause Condition shall not diminish or extinguish any right of the Supplier Contractor to copy, use or disclose any other information to the extent that it can show: (aA) that That the information concerned was or has become published or publicly available for use without breach of any provision of the Contract and this Framework Agreement or any other agreement between the Partiesparties; (bB) that That the information was already known to it (without restrictions on disclosure or use) prior to receiving it under or in connection with the Contract; (cC) that That the information concerned was lawfully provided by a third party without restriction on use or further disclosure, ; or (dD) from it’s From its records, that the information was derived independently of the Controlled Information; To to the extent that such copying, use or disclosure of this other information shall not disclose it’s its relationship to any Controlled Information.

Appears in 1 contract

Samples: Contract for Milsatcom Pre Technology Development Study

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