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. 2.1  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.  3.1  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.  Page 3 of 4  4  PERSONNEL'S OBLIGATIONS  5  TERM 3  LIMITATION 2  UNDERTAKING The obligations of confidence and non-use herein shall not apply to any part of the  Confidential Information which:  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.  This Agreement shall remain in effect for a period of ten (10) years from the date on  which the agreement becomes effective.