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For the purposes of this Agreement only, " employees " includes third parties retained <br /> for temporary administrative, clerical or programming support . <br /> A " need to know " means that the employee requires the Confidential hlformation in <br /> order to perform his or her responsibilities in connection with the Project . <br /> 3 . The obligations of Paragraph 2 shall not apply to any Confidential Information which <br /> the recipient can demonstrate : <br /> (a) is or becomes available to the public through no breach of this Agreement; <br /> (b) was previously known by the recipient without any obligation to hold it in <br /> confidence; <br /> ( c) is received from a third party free to disclose such information without <br /> restriction; <br /> (d) is independently developed by the recipient without the use of Confidential <br /> Information of the disclosing party; <br /> ( e) is approved for release by written authorization of the disclosing party, but <br /> only to the extent of and subject to such conditions as may be imposed in such <br /> written authorization ; <br /> (fj is required by law or regulation to be disclosed , but only to the extent and for <br /> the purposes of such required disclosure; or <br /> (g) is disclosed in response to a valid order of a court or other goverunental body <br /> of the United States or any political subdivisions thereof, but only to the extent <br /> of and for the purposes of such order ; provided , however, that the recipient <br /> shall first notify the disclosing party of the order and permit the disclosing <br /> party to seek an appropriate protective order. <br /> 4 . When requested by the recipient, the disclosing party will provide a non - confidential <br /> resume of Confidential hlforlriation prior- to disclosure of the actual Confidential <br /> Information to enable the recipient to detei7nine whether it can accept the Confidential <br /> Information . Each party has the right to refuse to accept any information under this <br /> Agreement, and nothing obligates either party to disclose to the other party any <br /> particular information . <br /> 5 . Each party acknowledges its obligation to control access to and /or exportation of <br /> technical data under the applicable export laws and regulations of the United States, <br /> and each party agrees to adhere to and comply with such laws and regulations with <br /> respect to any technical data received under this Agreement. <br /> 2 <br />