This excerpt taken from the TRGL 10-Q filed Nov 10, 2008.
10.2. Permitted disclosures
The circumstances referred to in sub-clause 9.1.a above are:
(a) where the Confidential Information, before it is furnished to the other Party, is already in the public domain;
(b) where the Confidential Information, after it is furnished to a Party, enters the public domain otherwise than as a result of (i) a breach by the same Party of its obligations in this Clause 9 or (ii) a breach by the person who disclosed that Confidential Information of a confidentiality obligation;
(c) if and to the extent that the disclosing Party, makes disclosure of the Confidential Information to any third party: