MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(12)

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20.  PROTECTION OF CONFIDENTIAL INFORMATION
20.1  “Confidential Information” means information disclosed by, or on behalf of, a party to this Agreement that:
20.1.1 is by its nature confidential or by the circumstances in which it is disclosed is confidential; or
20.1.2 is designated by the disclosing party as confidential or identified in terms connoting its confidentiality, but does not include this Agreement nor does it include information which is or becomes public knowledge other than by a breach of this Agreement or information which is included in this Agreement;
20.1.3 “Personnel” means any sub-contractors, employees, agent and any other person employed or engaged by the Supplier for the purposes of this Agreement, and includes the Supplier’s Representative;
20.1.4 “Staff” means the employees, contractors, agents or other representatives of the Customer.
20.2  If the Customer discloses Confidential Information to the Supplier or the Personnel, the Supplier must not use or disclose the Confidential Information except:
20.2.1 in accordance with this clause for the purposes of performing this Agreement, or
20.2.2 with the Customer’s prior written consent.
20.3  There will be no breach of obligations by the Supplier if the Confidential Information is legally required to be disclosed or permitted to be disclosed by this Agreement.
20.4  The Supplier may disclose Confidential Information to its Personnel if:
20.4.1 the Personnel need to know the information for the performance of duties under this Agreement;
20.4.2 the Supplier first makes the Personnel aware of the confidential nature of the Confidential Information; and
20.4.3 the Supplier requires the Personnel to treat the information confidentially.
20.5  The Supplier undertakes:
20.5.1 to procure that all Personnel enter into a Confidentiality Undertaking in a form required by the Customer before receiving the Customer’s Confidential Information;
20.5.2 to furnish the Customer with copies of the Confidentiality Undertakings within five (5) working days of the request; and
20.5.3 to ensure that all Personnel comply with the terms of their Confidentiality Undertaking.
20.6  If the Supplier is aware of any steps being taken, or considered, to legally compel the Supplier or the Personnel to disclose Confidential Information the Supplier must:
20.6.1 to the extent legally permitted, defer and limit the disclosure with a view to preserving the confidentiality of the Confidential Information as much as possible;
20.6.2 promptly notify the Customer;
20.6.3 do anything reasonably required by the Customer including the institution and conduct of legal proceedings at the Customer’s direction and expense to oppose or restrict that disclosure; and 
20.6.4 do anything else reasonably required by the Customer.
　
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