confidential and will not be divulged to any third party and will not be made use of in any way by the visiting party without the other's prior written consent. 

## 3 LIMITATION 

The obligations of confidence and non-use herein shall not apply to any part of the Confidential Information which: 

3.1 Was lawfully in the recipient party's possession at the time the information was received, without any restrictions as to confidentiality; 

3.2 Was available to the public before that date or was in the public domain; 

3.3 Becomes available to the public or to the public domain after that date otherwise than as a result of an act or default of the recipient; 

3.4 Is received by the recipient from a third party not bound to the disclosing party by any obligation of secrecy; 

3.5 Is independently developed by the recipient after that date without using the Confidential Information, as evidenced by written record; 

3.6 Is to be disclosed pursuant to a requirement of law or court order, by which the recipient is bound to disclose the information in whole or in part, so long as the party required disclosing the information provides the other party with timely prior notice of such a requirement. 

## 4 PERSONNEL'S OBLIGATIONS 

Each party shall ensure that any of their personnel (employees or agents) and of the personnel of their contractors or sub-contractors, who receive the Confidential Information are both advised of and agree to be bound by the confidentiality and use terms of this Agreement. 

## 5 TERM 

This Agreement shall remain in effect for a period of ten (10) years from the date on which the agreement becomes effective. 

Upon completion of the services under the FWC, if the Contractor possesses confidential information as mentioned in Article 1 of this NDA the Contractor shall provide ECHA with a formal statement informing that all the confidential data that has been temporarily stored in their infrastructure has been duly deleted and destroyed from any of the media engaged during the FWC implementation (i.e. storage areas, disks, tapes, CD, DVD, back-up devices, etc.). 

## 6 GOVERNING LAW 

6.1 This Agreement shall be subject to Finnish law. 

6.2 Any dispute, controversy or claim between the parties resulting from the interpretation or application of the Agreement which cannot be settled amicably shall be settled by adjudication before the competent courts of Helsinki. 

