61.1 The Authority shall, subject to Clause 61.2 be entitled to make the documents and information listed in this Clause 61.1 freely available to the public (which may include, without limitation, publication on the Authority's website):
61.1.1 this Agreement;
61.1.2 the Independent Tester Contract;
61.1.3 the Collateral Agreements;
61.1.4 the payment and performance report;
61.1.5 the Financial Model (as updated from time to time in accordance with this Agreement); and
61.1.6 [project specifics]
and Sub-hubco acknowledges and agrees that, subject to the exclusion of information referred to in Clause 61.2.2, the provision or publication of the documents and information listed in this Clause 61.1 shall not give rise to any liability under the terms of this Agreement or otherwise. The Authority shall notify Sub-hubco in writing not less than ten (10) Business Days prior to any intended provision or publication of information pursuant to this Clause 61.1.
61.2
61.2.1 The parties agree that the provisions of this Agreement and each Ancillary Document shall, subject to Clause 61.2.2 below, not be treated as Confidential Information and may be disclosed without restriction and Sub-hubco acknowledges that the Authority shall, subject to Clause 61.2.2 below, be entitled to make this Agreement and each Ancillary Document available in the public domain.
61.2.2 Clause 61.2.1 above shall not apply to provisions of this Agreement or an Ancillary Document designated as Commercially Sensitive Information and listed in Schedule Part 26 (Commercially Sensitive Information)] to this Agreement which shall, subject to Clause 61.3 be kept confidential for the periods specified in that Schedule Part 26 (Commercially Sensitive Information).
61.2.3 The parties shall keep confidential all Confidential Information received by one party from the other party relating to this Agreement and Ancillary Documents or the Project and shall use all reasonable endeavours to prevent their employees and agents from making any disclosure to any person of any such Confidential Information.