Claim of Confidentiality. Information of any tangible form including any document that Seller wishes to be protected from disclosure to third parties, including any information provided as a part of a Bid Proposal Package submitted in response to RFP 916, must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA.
Claim of Confidentiality. Information of any tangible form including any document that Contractor wishes to be protected from disclosure to third parties must be marked “Confidential” or “Proprietary” at the time such information is provided to XXXXXXX.
Claim of Confidentiality. Information of any tangible form, including any document that Seller wishes to be protected from disclosure to third parties, including any information provided as a part of a Proposal submitted in response to T4RFP21-1, must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA. Seller shall not be required to submit information to NYSERDA in a non-confidential, non- proprietary format. NYSERDA reserves the right to make public, after the fifth anniversary of the Contingent Award Notification Date, this Agreement, in its entirety or in part. The Parties hereto have caused this Agreement to be executed and delivered by their duly authorized representatives. H.Q. ENERGY SERVICES (U.S.) INC. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY By: By: Xxxxxx X. Xxxxxx Digitally signed by Xxxxxx X. Xxxxxx Date: 2021.11.29 17:34:42 -05'00' Exhibit A Standard Terms and Conditions for all NYSERDA Agreements Exhibit B Form of Irrevocable Standby Letter of Credit Exhibit C NYSERDA Prompt Payment Policy Exhibit D Form of Guaranty Exhibit E Description of Selected Project Exhibit F Economic Benefits Claims and Verification Exhibit G Project Labor Agreement Requirements Exhibit H Calculation of Supplier GHG Baseline Limit and Adjustments to Supplier GHG Baseline Exhibit I-1 Framework for Provision of Disadvantaged Community Benefits Exhibit I-2 Environmental and Community Benefit Programs Exhibit J Xxxxxx River Construction and Operational Protections Schedule 3.01 Delivery Verification Plan (Based on Standard Clauses for New York State Contracts and Tax Law Section 5-a) The parties to the Agreement agree to be bound by the following clauses which are hereby made a part of the Agreement to the extent applicable:
Claim of Confidentiality. Confidential, trade secret or proprietary materials, as defined by the laws of the State of New York, (“Confidential Information”), must be clearly marked and identified as such upon submission. If Xxxxxx intends to seek an exemption from disclosure of these materials under Freedom of Information Law (“FOIL”), Xxxxxx must request the exemption in writing, setting forth the reasons for the claimed exemption, at the time of submission or as required to address requests for materials under Freedom of Information Law. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination shall be made in accordance with statutory procedures. Nothing in this Agreement is intended or shall be construed to waive Xxxxxx’s right to claim that a communication or document is covered by a legally recognized privilege, including but not limited to the claim of attorney-client privilege.
Claim of Confidentiality. Information of any tangible form including any document that LSE wishes to be protected from disclosure to third parties, including this Agreement must be marked
Claim of Confidentiality. Information of any tangible form including any document that LSE wishes to be protected from disclosure to third parties, including this Agreement must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA. Notwithstanding the foregoing, NYSERDA, in accordance with the provisions of the Tier 2 Order, shall be permitted to report to the New York State Department of Public Service through its Records Access Officer seeking confidential treatment as appropriate, as to the amounts received from LSE for Tier 2 purchases as against the total due each month and on the LSE’s compliance or non-compliance, generally, with the terms of this Agreement.
Claim of Confidentiality. Information of any tangible form including any document that Buyer wishes to be protected from disclosure to third parties, including this Agreement must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA. Notwithstanding the foregoing, NYSERDA, in accordance with the provisions of the CES Order, shall be permitted to report to the New York State Department of Public Service, as to the amounts received from LSE for REC purchases and ACPs as against the total due each month and on the LSE’s compliance or non- compliance, generally, with the terms of this Agreement.
Claim of Confidentiality. Information of any tangible form including any document that Seller wishes to be protected from disclosure to third parties, including any information provided as a part of a Proposal submitted in response to T4RFP21-1, must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA. NYSERDA reserves the right to make public, after the fifth anniversary of the Contingent Award Notification Date, this Agreement, in its entirety or in part. The Parties hereto have caused this Agreement to be executed and delivered by their duly authorized representatives. [SELLER] New York State Energy Research And Development Authority By: By: Name: Name: Title: Title: Date: Date: Exhibit A Standard Terms and Conditions for all NYSERDA Agreements Exhibit B Form of Irrevocable Standby Letter of Credit Exhibit C NYSERDA Prompt Payment Policy Exhibit D Form of Guaranty Exhibit E Description of Selected Project Exhibit F Economic Benefits Claims and Verification Exhibit G Project Labor Agreement Requirements Exhibit H Calculation of Supplier Production for GHG Baseline Exhibit I Calculation of Supplier Sales for Energy Baseline (Based on Standard Clauses for New York State Contracts and Tax Law Section 5-a) The parties to the Agreement agree to be bound by the following clauses which are hereby made a part of the Agreement:
Claim of Confidentiality. (a) In connection with this Agreement, the Parties and T&D Manager may exchange information that is deemed to be confidential whether such information is provided in written, oral, electronic or other format (“Confidential Information”). The Party disclosing such Confidential Information is referred to herein as the “Disclosing Party” and the Party receiving such Confidential Information is referred to herein as the “Receiving Party.” The Disclosing Party shall xxxx all written Confidential Information as “Confidential,” “Proprietary” or the like and in the case of Confidential Information that is communicated orally, the Disclosing Party shall within thirty (30) days’ follow up such communication with a writing addressed to the Receiving Party generally describing the information and identifying it as Confidential Information. The Parties acknowledge that all information disclosed by Generator in connection with costs, pricing or operation of the Plant shall be treated as Confidential Information whether or not such information is marked or identified as Confidential Information. LIPA shall not disclose such Confidential Information without Generator’s written consent, which may be withheld in Generator’s sole discretion, unless LIPA is otherwise required by law to make such disclosure.
(b) The Receiving Party shall protect the Confidential Information from disclosure to third parties consistent with the provisions of this Article 15 and subject to applicable law, provided however, a Receiving Party may disclose Confidential Information to its Affiliates, Lenders, employees, agents or representatives of such Receiving Party, where such Affiliate, Lender, employee, agent or representative expressly agrees to be bound by the terms of this Article 15 and provided further that the Receiving Party shall be liable for any breach by its Affiliates, Lenders, employees, agents or representatives.
(c) It is further understood and agreed that money damages would not be sufficient remedy for any breach of this Article 15, and that if a Party breaches this Article 15, the ¬Party disclosing Confidential Information to such breaching Party shall be entitled to specific performance and injunctive and other equitable relief as a remedy for any such breach. The breaching Party agrees to waive any requirement for the posting of a bond in connection with any such remedy. Such remedy shall not be deemed to be the exclusive remedy for breach of this Article 15 but shall be in ...
Claim of Confidentiality. Information of any tangible form including any document that either Party wishes to be protected from disclosure to third parties, including this Agreement must be marked “Confidential” or “Proprietary” at the time such information is provided to the other Party. Notwithstanding the foregoing, NYSERDA, in accordance with the provisions of the CES Order, shall be permitted to report to the New York State Department of Public Service through its Records Access Officer seeking confidential treatment as appropriate, as to the amounts received from City for REC purchases as against the total due each month and on City compliance or non-compliance, generally, with the terms of this Agreement.
