Common use of Protection from Disclosure Clause in Contracts

Protection from Disclosure. The DOJ, FBI, DOD and DHS shall take all reasonable measures to protect from public disclosure all information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement to the DOJ, FBI, DOD or DHS in connection with this Agreement and clearly marked with the legend “Business Confidential; subject to protection under 5 U.S.C. § 552(b); not to be released without notice to the filing party” or similar designation. Such markings shall signify that it is the company's position that the information so marked constitutes “trade secrets” and/or “commercial or financial information obtained from a person and privileged or confidential,” or otherwise warrants protection within the meaning of 5 U.S.C. § 552(b)(4). For the purposes of 5 U.S.C. § 552(b)(4), the Parties agree that information so marked is voluntarily submitted. If a request is made under 5 U.S.C. § 552(a)(3) for information so marked, and disclosure of any information (including disclosure in redacted form) is contemplated, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of the intended disclosure as provided by Executive Order 12600, 52 Fed. Reg. 23781 (June 1987). If the Domestic Communications Company objects to the intended disclosure and its objections are not sustained, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of its intention to release (as provided by Section 5 of Executive Order 12600) not later than five business days prior to disclosure of the challenged information. The Parties note that information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement may be protected from disclosure under the Critical Information Infrastructure Act of 2002.

Protection from Disclosure. The DOJ, FBI, DOD and DHS shall take all reasonable measures to protect from public disclosure all information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement to the DOJ, FBI, DOD or DHS in connection with this Agreement and clearly marked with the legend “Business Confidential; subject to protection under 5 U.S.C. § 552(b); not to be released without notice to the filing party” or similar designation. Such markings shall signify that it is the company's ’s position that the information so marked constitutes “trade secrets” and/or “commercial or financial information obtained from a person and privileged or confidential,” or otherwise warrants protection within the meaning of 5 U.S.C. § 552(b)(4). For the purposes of 5 U.S.C. § 552(b)(4), the Parties agree that information so marked is voluntarily submitted. If a request is made under 5 U.S.C. § 552(a)(3) for information so marked, and disclosure of any information (including disclosure in redacted form) is contemplated, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of the intended disclosure as provided by Executive Order 12600, 52 Fed. Reg. 23781 (June 1987). If the Domestic Communications Company objects to the intended disclosure and its objections are not sustained, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of its intention to release (as provided by Section 5 of Executive Order 12600) not later than five business days prior to disclosure of the challenged information. The Parties note that information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement may be protected from disclosure under the Critical Information Infrastructure Act of 2002.

Protection from Disclosure. The DOJ, FBI, DOD and DHS shall take all reasonable measures to protect from public disclosure all information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement to the DOJ, FBI, DOD or DHS in connection with this Agreement and clearly marked with the legend “"Business Confidential; subject to protection under 5 U.S.C. § Section 552(b); not to be released without notice to the filing party” " or similar similar-designation. Such markings shall signify that it is the company's position that the information so marked constitutes “"trade secrets” " and/or “"commercial or financial information obtained from a person and privileged or confidential,” " or otherwise warrants protection within the meaning of 5 U.S.C. § Section 552(b)(4). For the purposes of 5 U.S.C. § Section 552(b)(4), the Parties agree that the information so marked is voluntarily submitted. If a request is made under 5 U.S.C. § Section 552(a)(3) for information so marked, and disclosure of any information (including disclosure in redacted form) is contemplated, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of the intended disclosure as provided by Executive executive Order 12600, 52 Fed. Reg. 23781 (June 23, 1987). If the Domestic Communications Company objects to the intended disclosure and its objections are not sustained, the DOJ, FBI, DOD or DHS, as appropriate, shall notify the company of its intention to release (as provided by Section 5 of Executive Order 12600) not later than five business days prior to disclosure of the challenged information. The Parties note that information submitted by a Domestic Communications Company or other entities in accordance with the terms of this Agreement may be protected from disclosure under the Critical Information Infrastructure Act of 2002.