SCHEDULE PART 26  COMMERCIALLY SENSITIVE INFORMATION

Where information or material falls within more than one category identified in column 1 of the table below, it shall be deemed to fall within the category whose corresponding period of confidentiality identified in column 2 of the table below will expire the soonest.

Category of Information/Material

Period for which information is to be kept confidential

Financial Model (as at Financial Close)

From the Effective Date until the date falling 2 years after the [first Phase] Actual Completion Date

Financial Model (amended from time to time in accordance with this Agreement)

From the date of the relevant Financial Model until the date falling 2 years after the later of:

•  the [first Phase] Actual Completion Date; and

•  the date on which the amendments to Financial Model are agreed in accordance with this Agreement

Prices within the Catalogue of Small Works and Services

Period during which the relevant prices are applicable

Small Works and Services Rates

Period during which the relevant Small Works and Services Rates are applicable

Sub-hubco bank account information

Project Term

[IRR]

In the case of the [IRR] contained in the Financial Model as at Financial Close from the Effective Date until the date falling 2 years after the [first Phase] Actual Completion Date

In the case of the [IRR] contained in the Financial Model as amended from time to time in accordance with this Agreement, from the date of the relevant Financial Model until the date falling 2 years after the later of:

•  the [first Phase] Actual Completion Date; and

•  the date of the Financial Model containing the relevant information

Ancillary Documents

Project Term

Funding Agreements

Project Term

Information about Sub-hubco's processes, methodologies, working methods and information relating to the development of new processes and methodologies which amounts to a trade secret or which, if disclosed, could reasonably be considered to provide a commercial advantage to Sub-hubco's competitors

Trade secrets - Project Term

All other cases - 5 years from the date on which the information is produced to the Authority

Breakdown of prices within the overall contract price (to the extent not disclosed within the Financial Model)

Project Term

Information on Sub-hubco's costing mechanisms including information obtained from Sub-hubco relating to project risks and pricing of the same and cost information relating to third party contractors and the Sub-Contractors

Project Term

Financial term sheets and related funding information including any funder pricing

2 years from the date on which the information is produced to the Authority

Information relating to the appointment of Sub-hubco as the preferred bidder to the Project (including the preferred bidder letter and correspondence and minutes relating to the same)

Until the date falling 2 years after the [first PhaseActual Completion Date

Information contained within or relating to Sub-hubco's bid for the Project except as otherwise listed in this Schedule Part 26 (Commercially Sensitive Information) or otherwise provided in the Agreement

Until the date falling 2 years after the [first PhaseActual Completion Date