29.4 Clauses 29.1 and 29.3 shall not apply to:
29.4.1 any disclosure of information that is reasonably required by any person engaged in the performance of their obligations under this Agreement for the performance of those obligations;
29.4.2 any matter which a party can demonstrate is already or becomes generally available and in the public domain otherwise than as a result of a breach of this Clause;
29.4.3 any disclosure to enable a determination to be made in accordance with Schedule Part 21 (Dispute Resolution Procedure) or in connection with a dispute between hubco and any of its subcontractors;
29.4.4 any disclosure which is required pursuant to any Law or Parliamentary obligation placed upon the party making the disclosure or the rules of any stock exchange or governmental or regulatory authority having the force of law or, if not having the force of law, compliance with which is in accordance with the general practice of persons subject to the stock exchange or governmental or regulatory authority concerned;
29.4.5 any disclosure of information which is already lawfully in the possession of the receiving party, prior to its disclosure by the disclosing party;
29.4.6 any provision of information to the Parties' own professional advisers or insurance advisers or insurers or to any Funders or any Funders' professional advisers or insurance advisers or, where it is proposed that a persons should or may provide funds (whether directly or indirectly and whether by loan, equity participation or otherwise) to hubco to enable it to carry out its obligations under this Agreement, or may wish to acquire shares in hubco in accordance with provisions of this Agreement to that person or their respective professional advisers but only to the extent reasonably necessary to enable a decision to be taken on the proposal;
29.4.7 any disclosure by a Participant of information as may be reasonably required for the purpose of conducting a due diligence exercise, to any person in connection with the operation of Part 6 (New Project Pricing Report);
29.4.8 any registration or recording of the Consents and property registration required;
29.4.9 any disclosure of information by a Participant to the Scottish Futures Trust or any department, office or agency of the Government or their respective advisers or to any person engaged in providing services to a Participant for any purpose related to or ancillary to this Agreement;
29.4.10 any disclosure for the purpose of:
(a) the examination and certification of a Participant's or hubco's accounts;
(b) any examination pursuant to section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which a Participant has used its resources;
(c) complying with a proper request from a Party's insurance adviser, or insurer on placing or renewing any insurance;
(d) (without prejudice to the generality of Clause 29.4.4 above) compliance with the FOI(S)A and/or the Environmental Information (Scotland) Regulations; or
(e) any examination pursuant to the Local Government (Scotland) Act 1973 as amended by the Local Government in Scotland Act 2003 of a Local Authority Participant that it has secured best value in the performance of its functions; or
29.4.11 disclosure pursuant to Clause 29.12 (Departmental Disclosure),
PROVIDED THAT to avoid doubt, neither Clause 29.4.10(d) nor Clause 29.4.4 above shall permit disclosure of Confidential Information otherwise prohibited by Clause 29.3 (Confidential Information) where that information is exempt from disclosure under section 36 of the FOI(S)A.
29.5 Where disclosure is permitted under Clause 29.4 (Permitted Disclosure), other than under Clauses 29.4.2, 29.4.4, 29.4.5, 29.4.8 and 29.10, the party providing the information shall procure that the recipient of the information shall be subject to the same obligation of confidentiality as that contained in this Agreement.
29.6 hubco shall not make use of this Agreement or any information issued or provided by or on behalf of a Participant in connection with this Agreement otherwise than for the purpose of this Agreement, except with the written consent of the relevant Participant.
29.7 Where hubco, in carrying out its obligations under this Agreement, is provided with information relating to the users of any Facility, hubco shall not disclose or make use of any such information otherwise than for the purpose for which it was provided, unless hubco has sought the prior written consent of that person and had obtained the prior written consent of the relevant Participant.
29.8 On or before the Initial Expiry Date or, where applicable, the Extended Expiry Date, hubco shall ensure that all documents or computer records in its possession, custody or control, which contain information relating to any user of any Facility including any documents in the possession, custody or control of a Supply Chain Member, are delivered up to the relevant Participant.
29.9 The Parties acknowledge that both the National Audit Office and Accounts Commission for Scotland have the right to publish details of this Agreement (including Commercially Sensitive Information) in their relevant reports to Scottish Ministers and/or Parliament.
29.10 The provisions of this Clause 29 (Confidentiality) are without prejudice to the application of the Official Secrets Act 1911 to 1989.