data that is collected, maintained or owned by the company and by administrative policy or contract requires safeguards for its handling and dissemination, and is: intended for, or restricted to, the use of the company or a particular person or group, and its disclosure could give unfair advantage to an individual or an organization in a competitive situation, or violates a contract provision, scientific or technical data, results or methods of research and development, and any other information intended to be provided or exchanged under the cooperation, such as know-how, information directly related to inventions and discoveries as referred to in paragraph 8, technical, commercial or financial information, provided that it is appropriately marked or considered as such in accordance with subparagraph 6.2.2 and
(a) is not generally known or publicly available from other sources;
(b) has not previously been made available by the owner to others without obligation concerning its confidentiality; and (c) is not already in the possession of the receiving implementing agency or its designees without obligation concerning its confidentiality