(a) (Confidential Information): Subject to clause 55.2(b) and clause 55.4 and other than where the information is in the public domain, Project Co must treat as secret and confidential and must not, and must procure that each Project Co Associate does not, without the State's written consent, make public or disclose to any person any:
(i) Project Documents;
(ii) Project Information;
(iii) information provided by:
A. the State or any State Associate to Project Co or any Project Co Associate; or
B. Project Co or any Project Co Associate to the State or any State Associate,
in connection with the Project, whether provided prior to or after the date of this Deed;
(iv) Project Co Material;
(v) Personal Information; or
(vi) other information in connection with the Project which Project Co is required to keep confidential in complying with the information privacy principles set out in the Privacy and Data Protection Act 2014 (Vic) (as in force from time to time) or any other applicable Law,
(b) (Disclosure of Confidential Information): Subject to clause 55.2(c) and without limiting Project Co obligations under clause 55.3 in respect of Personal Information, Project Co may disclose Confidential Information:
(i) to a Project Co Associate to the extent necessary for the purpose of undertaking the Project;
(ii) to any prospective financier or equity investor of the Project, subject to the State having been provided necessary information in respect of the proposed parties and having carried out any Probity Investigation that the State considers necessary;
(iii) to an Interface Party, to the extent required in order to comply with Project Co's obligations with respect to Interface Parties under the Project Documents; or
(iv) in accordance with clause 55.4,
without seeking the State's consent to such disclosure.
(c) (Confidentiality deed): Before disclosing any Confidential Information in accordance with:
(i) clause 55.2(b)(i), if the relevant Project Co Associate is not already subject to an agreement with Project Co in which it agrees to maintain the confidentiality of any disclosed Confidential Information;
(ii) clause 55.2(b)(ii); or
(iii) clause 55.2(b)(iii), if the relevant Interface Party is not already subject to an agreement with Project Co (or the State) in which it agrees to maintain the confidentiality of any disclosed Confidential Information,
Project Co must ensure that the person to whom the information is disclosed enters into a confidentiality deed with Project Co on terms reasonably acceptable to the State.
(d) (Public statements): Subject to clause 55.4, Project Co must:
(i) not make any public disclosures, announcements or statements in relation to the Project or the State's or any State Associates' involvement in the Project, without the State's written consent;
(ii) comply with any terms and conditions that the State imposes on Project Co in granting its consent under clause 55.2(d)(i);
(iii) use all reasonable endeavours to agree with the State the wording and timing of all public disclosures, announcements or statements to be made by it or any Project Co Associate relating to the Project or the State's or any State Associates' involvement in the Project before the relevant disclosure, announcement or statement is made; and
(iv) as soon as practicable, give to the State a copy of any public disclosure, announcement or statement agreed to or approved by the State under this clause 55.2(d)(i) or for which the State's consent or approval was not required under clause 55.4.