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  5  TERM 6  GOVERNING 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.  6.1 This Agreement shall be subject to Finnish law.  3  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.).  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. 