Exceptions to obligations. 13.3.1. The obligations on the parties under this clause 13.3 will not be taken to have been breached to the extent that Confidential Information: a. is disclosed by a party to its Personnel solely in order to comply with obligations, or to exercise rights, under this Agreement; b. is disclosed to a party’s internal management Personnel, solely to enable effective management or auditing of Agreement-related activities; c. is disclosed by the Commonwealth to the responsible Minister; d. is disclosed by the Commonwealth, in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia; e. is shared by the Commonwealth (including other agencies), where this serves the Commonwealth of Australia’s legitimate interests; f. is authorised or required by law to be disclosed; or g. is in the public domain otherwise than due to a breach of this clause 13.3. 13.3.2. Where a party discloses Confidential Information to another person pursuant to clauses 13.3.1.a - 13.3.1.e, the disclosing party must notify the receiving person that the information is confidential. 13.3.3. In the circumstances referred to in clauses 13.3.1.a, 13.3.1.b and 13.3.1.e, the disclosing party agrees not to provide the information unless the receiving person agrees to keep the information confidential (subject to the exceptions in this clause 13.3). 13.3.4. The Recipient agrees to secure all of the Commonwealth's Confidential Information against loss and unauthorised access, use, modification or disclosure.
Appears in 6 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Exceptions to obligations. 13.3.1.
10.3.1 The obligations on the parties under this clause 13.3 10 will not be taken to have been breached to the extent that Confidential Information:Information:
a. (a) is disclosed by a party to its Personnel solely in order to comply with obligations, or to exercise rights, under this Agreement;Agreement;
b. (b) is disclosed to a party’s internal management Personnel, solely to enable effective management or auditing of Agreement-related activities;
c. (c) is disclosed by the Commonwealth Austrade to the responsible Minister or Assistant Minister;
d. (d) is disclosed by the Commonwealth, Austrade in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia;
e. (e) is shared by the Commonwealth (including other agencies)Austrade within Austrade’s organisation, or with a Department, where this serves the Commonwealth of AustraliaCommonwealth’s legitimate interests;interests;
f. (f) is authorised or required by law to be disclosed; oror
g. (g) is in the public domain otherwise than due to a breach of this clause 13.310.
13.3.2. 10.3.2 Where a party discloses Confidential Information to another person pursuant to clauses 13.3.1.a 10.3.1(a) - 13.3.1.e10.3.1(e), the disclosing party must notify the receiving person that the information is confidential.confidential.
13.3.3. 10.3.3 In the circumstances referred to in clauses 13.3.1.a10.3.1(a), 13.3.1.b 10.3.1(b) and 13.3.1.e10.3.1(e), the disclosing party agrees not to provide the information unless the receiving person agrees to keep the information confidential (subject to the exceptions in this clause 13.3)confidential.
13.3.4. 10.3.4 The Recipient agrees to must secure all of the CommonwealthAustrade's Confidential Information against loss and unauthorised access, use, modification or disclosure.
Appears in 1 contract
Samples: Free Trade Agreement Market Entry Grant Funding Agreement
Exceptions to obligations. 13.3.1
12.3.1. The obligations on the parties under this clause 13.3 12 [Confidential Information] will not be taken to have been breached to the extent that Confidential Information:
a. is disclosed by a party to its Personnel solely in order to comply with obligations, or to exercise rights, under this Agreement;Agreement;
b. is disclosed to a party’s internal management Personnel, solely to enable effective management or auditing of Agreement-related activities;activities;
c. is disclosed by the Commonwealth Department to the responsible Minister;
d. is disclosed by the CommonwealthDepartment, in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia;
e. is shared by the Commonwealth (including other agencies)Department within the Department’s organisation, or with another agency, where this serves the Commonwealth of AustraliaCommonwealth’s legitimate interests;interests;
f. is authorised or required by law to be disclosed; or
g. is in the public domain otherwise than due to a breach of this clause 13.312 [Confidential Information].
13.3.212.3.2. Where a party discloses Confidential Information to another person pursuant to clauses 13.3.1.a 12.3.1.a - 13.3.1.e12.3.1.e, the disclosing party must notify the receiving person that the information is confidential.
13.3.312.3.3. In the circumstances referred to in clauses 13.3.1.a12.3.1.a, 13.3.1.b 12.3.1.b and 13.3.1.e12.3.1.e, the disclosing party agrees not to provide the information unless the receiving person agrees to keep the information confidential (subject to the exceptions in this clause 13.3)confidential.
13.3.412.3.4. The Recipient agrees to secure all of the Commonwealth's Confidential Information against loss and unauthorised access, use, modification or disclosure.
Appears in 1 contract
Samples: Funding Agreement
