• About Mackay Airport
  • Mackay Airport Profile
  • Airport History
  • Conditions of Use
    1. About these Standard Conditions and Mackay Airport
    2. Our Service Charter and Service Performance
    3. Your use of Mackay Airport
    4. Information you must give us
    5. Parking and aircraft removal
    6. Mackay Airport Allocation Rules
    7. Mackay Airport security
    8. Insurance
    9. Interruptions to Airport Services
    10. Aviation Charges
    11. Things that can change Aviation Charges
    12. Government Mandated Costs and Government Mandated Charges
    13. Payment of Aviation Charges and Government Mandated Charges
    14. Credit accounts for Aviation Charges and Government Mandated Charges
    15. Indemnities and release
    16. Statistical information
    17. Acts and regulations
    18. GST (Goods and Services Tax)
    19. Privacy and data protection
    20. Confidential Information
    21. Dispute resolution
    22. Notices
    23. Definitions
  • Schedules

Mackay Airport Conditions of Use

20 Confidential Information

20.1 Acknowledgement

Each party acknowledges that all Confidential Information of the other party is and will be the sole and exclusive property of that other party.

20.2 Obligation of confidentiality

Each party undertakes to the other to keep confidential each other's Confidential Information. Both parties must use their best efforts to prevent third parties from gaining access to each other's Confidential Information, other than as permitted under these standard conditions. To this end, each party must not, without the other party's prior written consent:

• (a) disclose or in any way communicate to any other person all or any of the other party's Confidential Information except as permitted by these standard conditions; or
• (b) permit unauthorised persons to have access to places where the other party's Confidential Information is displayed, reproduced or stored; or
• (c) make or assist any person to make any unauthorised use of the other party's Confidential Information, and must take all reasonable steps (including obtaining confidentiality undertakings from officers, employees, agents and contractors who have or may have access to the other party's Confidential Information) to ensure that the other party's Confidential Information is not disclosed to any other person by any of the officers, servants, agents, contractors or sub-contractors of either party.

20.3 Permitted disclosure

Subject to clause 20.4, either party may disclose the other party's Confidential Information to its employees, officers, agents and contractors in the course of their employment on a need to know basis or to its advisers in relation to its rights under these standard conditions. Nothing in these standard conditions prohibits the use or disclosure of any Confidential Information to the extent that:

• (a) the Confidential Information is lawfully in the possession of the recipient of the information through sources other than the party who disclosed the Confidential Information; or
• (b) it is required by law or a stock exchange; or
• (c) it is strictly and necessarily required in connection with legal proceedings relating to these standard conditions; or
• (d) the Confidential Information is generally and publicly available other than as a result of a breach of confidence by the person receiving the information.

20.4 Conditions of permitted disclosure to representatives

Both parties must ensure that its employees, officers and contractors, agents and all other persons under its control or direction will be under and will comply with obligations similar to the obligations imposed on it under this clause 20.

20.5 Notification of breach

If either party's servants, officers, agents or contractors breach the confidentiality obligations contained in these standard conditions it must immediately notify the other party in writing of this and, subject to clause 15, indemnify the other party for any direct loss and damage caused by such breach.

20.6 Damages and other remedies

Each party acknowledges that a breach of this clause 20 may cause the other party irreparable damage for which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, each party may seek and obtain injunctive relief against such a breach or threatened breach.

20.7 Survival after expiry and termination

The obligations under this clause 20 survive expiry and termination of these standard conditions.

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