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unrestricted disclosure in accordance with this Agreement, to the extent permitted by law. <br /> All oral communications between or among some or all of the Participants regarding <br /> settlement discussions, negotiations, options or proposals within the context of Project <br /> License Settlement Negotiations shall be considered to be Confidential Information to the <br /> extent permitted by law and otherwise in accordance with this Agreement. <br /> Notwithstanding anything to the contrary contained in the foregoing, written technical <br /> analysis and data prepared for or in connection with Project License Settlement <br /> Negotiations shall not be considered "Confidential Information", unless so marked by the <br /> offering party or otherwise agreed to by the Participants. Written communication or other <br /> non-oral information intended to be maintained as Confidential Information under this <br /> Agreement must be labeled as "confidential" by the disclosing Participant. <br /> 2. Confidential Information shall be kept confidential by each Participant to the extent <br /> permitted by applicable law. Confidential Information shall be inadmissible as evidence, <br /> argument, admission,or otherwise, in any administrative proceeding(before the FERC, <br /> or any other federal or state administrative body), before any state or federal legislative <br /> body, in any civil action, or in any alternative dispute resolution process in accordance <br /> with and to the extent required by Rule 408 of the Washington State Rules of Evidence, <br /> Rule 408 of the Federal Rules of Evidence,or any other similar rule or common law <br /> doctrine applicable in administrative or legislative proceedings, federal courts, or the <br /> courts of any state. <br /> 3. Participants shall use Confidential Information only to facilitate settlement regarding the <br /> issuance of a new FERC license for the Project. Individual Participants may distribute <br /> Confidential Information internally to their respective agents and employees and to their <br /> consultants and legal counsel, provided that each individual recipient of the Confidential <br /> Information is notified that the Confidential Information is confidential and is required to <br /> preserve the confidentiality of the Confidential Information pursuant to the terms of this <br /> Agreement. Except as may be required by law,Participants shall not disclose <br /> Confidential Information to non-Participants, unless and until: <br /> a. Such information is generally available to the public as a result of filings with <br /> regulatory agencies, its presence in the public domain, or otherwise, but not as a <br /> result of a breach of this Agreement; <br /> b. Such information is already in the possession of the receiving Participant or its <br /> employees or agents without restriction and prior to any disclosure or possession <br /> hereunder; <br /> c. Such information is or has been lawfully disclosed to the receiving Participant or <br /> its employees or agents by a third party, not employed by or otherwise affiliated <br /> with such receiving Participant, who is free lawfully to disclose the same; <br /> d. Such information is independently developed by the receiving Participant without <br /> the direct or indirect use of any Confidential Information disclosed hereunder to <br /> such receiving Participant; or <br /> 8 <br /> 2 <br />