If the State terminates the Tender Process in respect of a Respondent (or the Tender Process as a whole), the Respondent and Respondent Members must, at the State's election, destroy or return to the State all Disclosed Information other than Disclosed Information which:
(a) is required to be retained in accordance with Law or a binding requirement of a recognised stock exchange;
(b) forms part of the minutes of, or papers to, a board or investment committee of the Respondent or a Respondent Member; or
(c) is retained as part of automatic information technology archiving or back-up procedures,
provided that, in each case, the Disclosed Information is kept confidential and otherwise in accordance with the Terms and Conditions.