1. For the purposes of this Confidentiality Order:
a. "disputing party" means either Mesa Power Group, LLC or the Government of Canada;
b. "confidential information" means information deSignated by a disputing party as confidential on the grounds that it is:
i. business confidential information;
ii. business confidential information relating to a third party;
iii. information otherwise protected from disclosure under the applicable domestic law of the disputing State party; and
iv. confidential information that is deemed to be financial, commercial, scientific or technical information supplied by third parties that has been treated as confidential information by those third parties.
c. "business confidential information" includes: .
i. trade secrets;
ii. financial, commercial, scientific or technical information that is treated consistently in a confidential manner by the disputing party to which it relates, including pricing and costing information. marketing and strategic planning documents, market share data, or detailed accounting or financial records not otherwise disclosed in the public domain;
iii. information the disclosure of which could result in material financial loss or gain to the disputing party to which it relates; and
iv. information the disclosure of which could interfere with contractual or other negotiations of the disputing party to which it relates.
d. "restricted access information" means confidential information within the meaning of paragraph 1 (b) that is designated by a disputing party as restricted access on the grounds that the disclosure of this information to the other disputing party could result in a serious material gain or loss which could potentially prejudice the competitive position of the party or entity to whom that information belongs.