Access to Data and Meters. Throughout the Term, and thereafter to the extent relevant to calculations necessary for periods prior to the end of the Term and subject to any confidentiality obligation owed to any third party, any limitations under Legal Requirements as determined by Buyer in its reasonable discretion, and/or any restrictions on the disclosure of information which may be subject to intellectual property rights restricting disclosure, at the sole cost of Seller: (a) Buyer shall grant Seller access to all data relating to the electricity production of each Facility, it being understood that it is Seller’s responsibility to determine the performance of the Facility, and any other calculations as required under this Agreement, and that it is Buyer’s responsibility to handle all accounting and invoicing activities; (b) Buyer shall allow Seller access to all data from all Facility Meters; and (c) Seller shall be entitled to use the foregoing data for its internal business purposes and make such data available to third parties for analysis, in all cases unless and to the extent such uses of or disclosures by Seller are restricted under the applicable PPA or Legal Requirements, including those related to privacy.
Appears in 4 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Access to Data and Meters. Throughout the Term, and thereafter to the extent relevant to calculations necessary for periods prior to the end of the Term and subject to any confidentiality obligation owed to any third party, any limitations under Legal Requirements as determined by Buyer Owner in its reasonable discretion, and/or any restrictions on the disclosure of information which may be subject to intellectual property Intellectual Property rights restricting disclosure, at the sole cost of SellerOperator:
(a) Buyer Owner shall grant Seller Operator access to all data relating to the electricity production of each Facility, it being understood that it is SellerOperator’s responsibility to determine the performance of the Facility, and any other calculations as required under this Agreement, and that it is BuyerOwner’s responsibility to handle all accounting and invoicing activities;
(b) Buyer Owner shall allow Seller Operator access to all data from all Facility Meters; and
(c) Seller Owner shall allow Operator access to Facility performance data delivered to third parties pursuant to obligations set forth in the Tariff.
(d) Operator shall be entitled to use the foregoing data for its internal business purposes and make such data available to third parties for analysispurposes, in all cases unless and to the extent such uses of or disclosures by Seller Operator are restricted under the applicable PPA Tariff or Legal Requirements, including those related to privacy.
Appears in 1 contract
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)
Access to Data and Meters. Throughout the Term, and thereafter to the extent relevant to calculations necessary for periods prior to the end of the Term and subject to any confidentiality obligation owed to any third party, any limitations under Legal Requirements as determined by Buyer Owner in its reasonable discretion, and/or any restrictions on the disclosure of information which may be subject to intellectual property Intellectual Property rights restricting disclosure, at the sole cost of Seller:Operator: DM_US 000000000-10.000000.0012
(a) Buyer Owner shall grant Seller Operator access to all data relating to the electricity production of each Facility, it being understood that it is SellerOperator’s responsibility to determine the performance of the Facility, and any other calculations as required under this Agreement, and that it is BuyerOwner’s responsibility to handle all accounting and invoicing activities;
(b) Buyer Owner shall allow Seller Operator access to all data from all Facility Meters; and
(c) Seller Owner shall allow Operator access to Facility performance data delivered to third parties pursuant to obligations set forth in the Tariff.
(d) Operator shall be entitled to use the foregoing data for its internal business purposes and make such data available to third parties for analysispurposes, in all cases unless and to the extent such uses of or disclosures by Seller Operator are restricted under the applicable PPA Tariff or Legal Requirements, including those related to privacy.
Appears in 1 contract
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)