RTI shall preserve the confidentiality of proposals submitted to the center except where disclosure is required by law (Freedom of Information Act); however, compounds made from proposals submitted under CC4CARB will be publicly disclosed.
RTI shall take reasonable measures to limit access to proposals to only those individuals who require access to perform their role in CC4CARB.
RTI shall bar its employees, subcontractors, and consultants, including CC4CARB SAB members, from disclosing or using non-public information learned from proposals outside their respective roles in CC4CARB.
The confidentiality obligations herein will not apply to any such information that:
at the time of disclosure by the proposal submitter, is in the public domain, as evidenced by publication or similar proof; or
after proposal submission hereunder, becomes part of the public domain by publication or otherwise, other than by an unauthorized act or omission by RTI, its employees, subcontractors, and consultants; or
RTI, its employees, subcontractors, and consultants can show by competent proof was in its possession at the time of proposal submission and that was not directly or indirectly acquired from the submitter under confidentiality restrictions; or
RTI, its employees, subcontractors, and consultants rightfully received from a third party, and which, to the receiver’s knowledge, was not directly or indirectly acquired from the proposal submission under confidentiality restrictions; or
was developed by RTI, its employees, subcontractors, and consultants independently of any disclosure hereunder as shown by competent proof.