Common use of Disclosure and Use of Confidential Information Clause in Contracts

Disclosure and Use of Confidential Information. 2.1 Each of Aurizon Network and the RIM (“the Recipient”) undertakes to keep confidential and not disclose any Confidential Information disclosed by the other party to it (“the Discloser”) or permit any person employed or engaged by it to disclose any such Confidential Information to any person (including other individuals employed or engaged by that party) except in accordance with this Deed, and to use Confidential Information disclosed by the Discloser only for the Permitted Purpose, unless: (a) the Discloser provides its prior written approval; or (b) the disclosure and/or use is: (1) required or compelled by any law; (2) required or compelled by any order of a court; (3) required or compelled by notice validly issued by any Authority; (4) necessary for the conduct of any legal proceedings, including any dispute resolution process under the Rail Connection Agreement, the Aurizon Network Access Undertaking or the Queensland Competition Authority Act 1997 (Qld); (5) required under any stock exchange listing requirement or rule; or (6) to the Recipient’s solicitors, barristers, or accountants under a duty of confidentiality.

Disclosure and Use of Confidential Information. 2.1 Each of Aurizon Network and the RIM (“the Recipient(“the Recipient”) undertakes to keep confidential and not disclose any Confidential Information disclosed by the other party to it (“the Discloser”) or permit any person employed or engaged by it to disclose any such Confidential Information to any person (including other individuals employed or engaged by that party) except in accordance with this Deed, and to use Confidential Information disclosed by the Discloser only for the Permitted Purpose, unless: (a) the Discloser provides its prior written approval; or (b) the disclosure and/or use is: (1) required or compelled by any law; (2) required or compelled by any order of a court; (3) required or compelled by notice validly issued by any Authority; (4) necessary for the conduct of any legal proceedings, including any dispute resolution process under the Rail Connection Agreement, the Aurizon Network Access Undertaking or the Queensland Competition Authority Act 1997 (Qld); (5) required under any stock exchange listing requirement or rule; or (6) to the Recipient’s solicitors, barristers, or accountants under a duty of confidentiality.