1. In this Agreement "Confidential Information" shall mean any information, know-how or data relating to the Procedure that is marked as confidential by any of the parties, and which is disclosed or given to the other party either directly or indirectly, whether in writing or by any other means, 

2. In particular, the information specified as non-public in the procurement documents, and any related communication and documentation provided by ECHA during the Procedure (clarification, corrigenda) are considered by the Agency as confidential. 

## 2 UNDERTAKING 

2.1 In consideration of the disclosure of Confidential Information by either party to the other, each party undertakes to treat as strictly confidential and not divulge to any third party any of the Confidential Information disclosed by the other and not to make use of any such Confidential Information without the other's prior written consent. 

2.2 In the event of either party visiting the establishment of the other, the visiting party undertakes that any further Confidential Information, which may come to its knowledge as a result of such visit, shall be kept strictly 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, agents or colleagues) and of the personnel of 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. 

