問15

次の英文契約書の秘密保持条項を読んで、下記の設問に答えよ。

Article XX "Confidentiality"A. Recipient shall maintain in confidence and safeguard all Confidential Information which is disclosed by Discloser to Recipient in connection with this Agreement and which is designated confidential at the time of disclosure.B. The Confidential Information may include, but is not limited to, all technical, financial, marketing, staffing and business information.C. The term Confidential Information shall not include information which :

a) Was or becomes publicly available without the breach of this Agreement by Recipient ;

b) Was in Recipient's possession free of any obligation of confidence at the time of Discloser's communication thereof to Recipient ;

c) Is developed by Recipient independently of and without reference to any of Discloser's Confidential Information or other information that Discloser disclosed in confidence to any third party ;

d) Is rightfully obtained by Recipient from third parties authorized to make such disclosure without restriction ; or

e) Is Identified by Discloser as no longer [Ｘ] or confidential.
D. Provided, however, that nothing contained herein shall prevent the Recipient from disclosing any of such Confidential Information to the extent that such Confidential Information is required to be disclosed by law or for the purpose of complying with governmental regulations.
E. The [Ｙ] the facts set forth in sub-paragraphs C a) throught e), and Paragraph D shall rest with the Recipient.

（設問１）
この秘密保持条項の規定の内容として、最も不適切なものはどれか。

文中の空欄 [Ｘ] には「機密の」、空欄 [Ｙ] には「立証責任」を意味する語句が入る。各空欄に入る語句の組み合わせとして最も適切なものはどれか。