Information that needs to be treated as “confidential” should be clearly marked as such by the Party providing it. When information provided in the context of this Agreement is marked by the Party providing it as confidential, the receiving Party shall take all reasonable measures to keep the information confidential and shall only use the information for the purpose for which it was provided. The receiving Party shall ensure that any persons having access to the said information shall be made aware of and be bound by similar obligations of confidentiality and restrictions on use as contained herein.
However, there will be no obligations of confidentiality or restrictions on use, to the extent that the receiving Party is clearly able to demonstrate that any part thereof: (i) was known to it prior to any disclosure by the disclosing Party; or (ii) was in the public domain at the time of disclosure by the disclosing Party; or (iii) becomes part of the public domain through no fault of the receiving Party; or (iv) becomes available to the receiving Party from a third party who is not in breach of any legal obligation of confidentiality.
These obligations of confidentiality will continue for a period of ten (10) years after the expiry or termination of this Agreement. Notwithstanding this Section 15 (Confidentiality), the Recipient will ensure that any obligations of confidentiality undertaken to third parties which may impact on the implementation of the Project do not go beyond what is reasonably necessary to protect such third parties and the information concerned.