18.9  Confidentiality

The Parties agree that this Agreement, and any information relating to or arising from the Agreement, is confidential, and that they will not disclose the Agreement, or any information relating to or arising from the Agreement, to any person, unless that disclosure or that information:

(a)  is at the material time in the public domain;

(b)  is required by any Statutory Requirement to be communicated to a person who is authorised by any Statutory Requirement to receive it;

(c)  is necessarily made to a court, or to an arbitrator or administrative tribunal or to legal counsel in the course of proceedings provided that, in the case of any arbitration proceedings, the Party concerned first obtains from each other party to those proceedings an undertaking, enforceable by any Party, that each party must similarly not divulge or communicate, without the Project Owner's written consent, any information referred to in this clause;

(d)  is required to be disclosed to any Government Minister, Parliament or Government Agency whether in connection with the granting of any licence or otherwise;

(e)  is to a servant, employee, agent or contractor of the Parties, when that disclosure is reasonably necessary for the conduct of this Agreement;

(f)  is to a Related Body Corporate of the Parties;

(g)  was consented to in writing by each of the other Parties; or

(h)  is required to be disclosed to the Australian Stock Exchange Limited (ABN 98 008 624 691).