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For the purpose of this Agreement:
a) “Classified Contract” means a contract, including any pre-contractual negotiations, to be entered into by one of the Parties with a Contractor for the supply of goods, execution of works or provision of services, the performance of which requires or involves access or potential access to or the creation of Classified Information.
b) “Classified Information” means any information or material designated by a security classification by one of the Parties the unauthorised disclosure or loss of which could cause varying degrees of prejudice to the interests of one or both of the Parties.
c) “Competent Security Authority” means the government authority in a Party responsible for the implementation and supervision of this Agreement.
d) “Contractor” means any individual or legal entity with the capacity to enter into contracts.
e) “Facility Security Clearance” means the positive determination by the Competent Security Authority that a facility has in place appropriate security measures to access and handle Classified Information up to and including a specified security classification level, in accordance with national laws and regulations.
f) “Need to know” means the requirement for an individual or a legal entity for access to, knowledge of or possession of Classified Information to perform official tasks or services.
g) “Originating Party” means the Party under whose authority Classified Information has been created under this Agreement.
h) “Personnel Security Clearance” means the positive determination by the Competent Security Authority that an individual has been security cleared to access and handle Classified Information up to and including a specified classification level, in accordance with its national laws and regulations.
i) “Providing Party” means the Party or Contractor under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement.
j) “Receiving Party” means the Party or Contractor under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement.
k) “Security Classification Guide” means a document associated with a Classified Contract that identifies each part of that Classified Contract which contains Classified Information, specifying the applicable security classification levels.
l) “Security Incident” means an act or an omission, contrary to national laws and regulations, which results in the unauthorised access, disclosure, loss or compromise of Classified Information.
m) “Third Party” means any international organisation or state, including legal entities or individuals under its jurisdiction, which is not a Party to this Agreement.