18.1 Each party will, subject to Condition 18.2:
18.1.1 only use the other party’s Confidential Information for the purpose of performing its obligations and exercising its rights under the Contract;
18.1.2 keep the other party’s Confidential Information secret, safe and secure; and
18.1.3 not disclose the other party’s Confidential Information to any other person.
18.2 Each party may disclose the other party’s Confidential Information:
18.2.1 to the extent required by law, by an order of a court of competent jurisdiction or by any securities exchange, listing authority, governmental or regulatory authority to which it is subject or to which it submits; and
18.2.2 to those of its officers, directors, employees and professional advisers and, in our case, our agents and sub-contractors, who need access to that Confidential Information so that it can perform its obligations and exercise its rights under the Contract. A party disclosing the other party’s Confidential Information under this Condition 18.2.2 will procure that each person to whom it discloses that Confidential Information will not do or omit to do anything which if done or omitted to be done by that party would be a breach of this Condition 18.
18.3 For the purposes of this Condition 18, “Confidential Information” means the terms of the Contract and any information that relates to a party (or any of its Group Companies or businesses) and which is disclosed to the other party in connection with the Contract and any trade secret where the trade secret holder is the party disclosing the trade secret or any of its Group Companies, but excluding information that:
18.3.1 is at the relevant time in the public domain (other than by virtue of a breach of this Condition 18);
18.3.2 was received by the other party from a third party who did not acquire it in confidence; or
18.3.3 is developed by the other party without any breach of the Contract.
18.4 Each party acknowledges and agrees that damages alone would not be an adequate remedy for breach of this Condition 18 by that party. Accordingly, the other party will be entitled, without having to prove special damages, to equitable relief (including injunction and specific performance) and to any remedies available to a trade secret holder for any breach or threatened breach of this Condition 18 by the first party.