Section 3.12 - Confidentiality(1) Pursuant to St. 1998, c. 289, § 24, St. 1998, c. 23G, § 2(e), and M.G.L. c. 66, § 10, certain documents, material and/or data submitted to MassDevelopment with or as part of an Application, or otherwise, shall be exempt from the provisions of state law which require the disclosure of agency records to the public if the subject documents, material and/or data consist of, in whole or in part, trade secrets or commercial or financial information related to the operation of any business conducted by the Applicant or other user of the Project.(2) MassDevelopment shall not be required to disclose any such information which meets such definition hereunder. MassDevelopment shall, in its discretion, retain the ability to disclose any information provided to it by an Applicant unless the Applicant follows the procedure contained in 946 CMR 3.12(3).(3) If an Applicant believes that certain documents, material and/or data submitted with the Application or otherwise meet the above criteria, the Applicant must, at the time of delivery or submission of the items:(a) indicate and clearly identify those certain documents, material and/or data, or portions thereof, that qualify for the above exemption and that should not be disclosed to the public; and(b) specify the reason(s) said documents, material and/or data meet the above criteria.(4) While an Applicant may consult with MassDevelopment regarding the confidentiality status of particular information prior to the submission of such material, MassDevelopment shall rely on the Applicant's identification of materials to be "confidential" and shall have no independent duty to make such a determination on its own behalf.