22. General Provisions
22.2 Announcements. The Parties will agree in writing upon the form of all press releases and public announcements concerning this Agreement except that:
a. either may disclose a description of the Project, as well as the names of participating organizations and investigators
b. CEPI may publish the summarized progress and outcomes of the Project, a summary of the terms and condition of this Agreement, the name of Awardee and the Project Lead, and the amount of the CEPI funding; and
c. as required by law or any competent regulatory authority.
22.4 Confidential Information. “Confidential Information” means any and all non–public information disclosed on or after the Effective Date of this Agreement by one Party to the other Party whether orally or in writing or in any other form. Each Party undertakes that both during the term of this Agreement and for a period of three (3) years after its termination or expiry, it shall keep confidential and not disclose to any person other than its employees, Sub–Awardees and, in the case of CEPI, its funders, who have a need to know, any Confidential Information of the other Party disclosed to or obtained by it in connection with this Agreement. Each Party shall take commercially reasonable security precautions to protect against unauthorized disclosure of such Confidential Information. Each Party shall ensure that all employees, Sub– Awardees, CEPI funders and third parties to which Confidential Information of the other Party is disclosed are: (i) informed of the confidentiality provisions of this Agreement; and (ii) bound by confidentiality and non–use obligations at least as stringent as these. Confidential information will not include:
a. the Project Results;
b. information that is or was already known to the receiving Party at the time of disclosure, as shown by written records, without any obligation to keep it confidential
c. information that is independently developed by employees of the receiving Party who have not had access to the Confidential Information of the disclosing Party as evidenced by contemporaneous written records;
d. information that at the time of being disclosed or obtained by the receiving Party or at any time thereafter, is published or otherwise generally available to the public other than due to default by the receiving Party of its obligations hereunder; and
e. information to the limited extent that is required to be disclosed by a competent Court or regulatory authority or otherwise by applicable law (including any requirements for disclosure under the Freedom of Information Act 2000); provided, that where it is free to do so, the receiving Party shall give notice of such disclosure to the disclosing Party as soon as reasonably practicable.