Competitively Sensitive Information. (a) Notwithstanding anything to the contrary in this Agreement (and subject further, and without prejudice, to Section 8.03), in the event that any written or oral materials that contain SoftBank Competitively Sensitive Information will be shared with or presented to the Board of Directors, the Company shall withhold any such materials such that the SoftBank Competitively Sensitive Information is only shared or discussed with, or presented for review only to, the A-2 Preferred Directors and the Common Director (and decisions relating thereto), and each other Director (and the SoftBank Board Observer) shall recuse himself or herself from the portion(s) of the meeting at which any such matters are shared, presented or discussed; provided, that the Company will (a) only redact that portion of any written materials which constitutes SoftBank Competitively Sensitive Information, provide the redacted document to the recused Directors and permit the recused Directors to participate in such portion of any meeting or discussion that relates solely to the unredacted sections of such materials, and (b) inform each Director that SoftBank Competitively Sensitive Information will be shared with or presented to the Board of Directors at least one (1) Business Day in advance of such materials being shared or presented
(b) Notwithstanding anything to the contrary in this Agreement (and subject further, and without prejudice, to Section 8.03), in the event that any written or oral materials that contain Honda Competitively Sensitive Information will be shared with or presented to the Board of Directors, the Company shall withhold any such materials such that the Honda Competitively Sensitive Information is only shared or discussed with, or presented for review only to, the Directors (and decisions relating thereto) (provided, that, this Section 6.14(b) is without prejudice to Section 6.14(a)), and the Honda Board Observer shall recuse himself or herself from the portion(s) of the meeting at which any such matters are shared, presented or discussed; provided, that the Company will (a) only redact that portion of any written materials which constitutes Honda Competitively Sensitive Information, provide the redacted document to the recused Honda Board Observer and permit the recused Honda Board Observer to participate in such portion of any meeting or discussion that relates solely to the unredacted sections of such materials, and (b) inform each Director and the Honda Board O...
Competitively Sensitive Information. Competitively-sensitive information" is defined as information that “could provide an unfair competitive advantage to an entity delivering services outside of the energy efficiency and renewable energy services approved by the District of Columbia Department of Energy and Environment for DCSEU implementation”. The intent is to ensure that no information (either customer specific, aggregated customer data or market related data) is provided to any entity such that the entity would have an unfair advantage in providing non-DCSEU energy efficiency and renewable energy services over any other entities in its market. For example providing a particular HVAC contractor with data about the commercial new construction market could give that contractor an advantage over other HVAC contractors. The only information the HVAC contractor should have access to are data related to the specific customer to whom it was providing DCSEU energy efficiency and renewable energy services. Other examples of competitively sensitive market data may include, but is not limited to, customer surveys, aggregated sales data, load research and appliance saturation data.
Competitively Sensitive Information. “Competitively-sensitive information” is defined as information that “could provide an unfair competitive advantage to an entity delivering services outside of the energy efficiency services approved by the District of Columbia Department of the Environment for DCSEU implementation.” The intent is to ensure that no information (either customer specific, aggregated customer data or market related data) is provided to any entity such that the entity would have an unfair advantage in providing non-DCSEU energy efficiency services over any other entities in its market. For example providing a particular HVAC contractor with data about the commercial new construction market could give that contractor an advantage over other HVAC contractors. The only information the HVAC contractor should have access to are data related to the specific customer to whom it was providing DCSEU energy efficiency services. Other examples of competitively sensitive market data may include, but is not limited to, customer surveys, aggregated sales data, load research and appliance saturation data.
Competitively Sensitive Information. Following any Change of Control of Selecta to a Third Party [***].
Competitively Sensitive Information. 3.1 The Parties shall under no circumstance share competitively sensitive information, except as specifically set out below in Clause 3.2.
3.2 Competitively sensitive information as defined by each Party independently shall only be shared in accordance with applicable regulation and by way of clean team due diligence procedures to be separately agreed between the Parties.
Competitively Sensitive Information. The JV Parties recognize that the Joint Venture Company may, from time to time, be in possession of Competitively Sensitive Information belonging to a JV Party, and in no event shall a JV Party be entitled to access any Competitively Sensitive Information of the other JV Party in the possession of the Joint Venture Company. The JV Parties shall use reasonable efforts to cause the Joint Venture Company to maintain procedures reasonably acceptable to both JV Parties (including requiring that the JV Parties use reasonable efforts to label or otherwise identify Competitively Sensitive Information as such) to ensure that the Joint Venture Company will not disclose or provide Competitively Sensitive Information of one JV Party to the other JV Party (other than to a Joint Venture Company employee or to an assigned employee of the other JV Party to the extent required for such employee or assigned employee to perform his or her duties for the Joint Venture Company) or any third party unless such disclosure is specifically requested by the JV Party providing such Competitively Sensitive Information.
Competitively Sensitive Information. Subject to the exception in the preceding paragraph of this Article 10.2, any information that a disclosing Party claims is competitively sensitive, commercial or financial information under this Agreement shall not be disclosed by the receiving Party to any person not employed or retained by the receiving Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the receiving Party to be required to be disclosed in connection with a dispute between or among the Parties, or the defense of litigation or dispute; (iii) otherwise permitted by consent of the disclosing Party, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Agreement or as the Regional Transmission Organization or a Local Balancing Authority operator including disclosing the Confidential Information to a regional or national reliability organization. The Party asserting confidentiality shall notify the receiving Party in writing of the information that Party claims is confidential. Prior to any disclosures of that Party’s Confidential Information under this subparagraph, or if any non-Party or Governmental Authority makes any request or demand for any of the information described in this subparagraph, the Party who received the Confidential Information from the disclosing Party agrees to promptly notify the disclosing Party in writing and agrees to assert confidentiality and cooperate with the disclosing Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.
Competitively Sensitive Information. Notwithstanding the foregoing, in providing information hereunder, each party hereto will take care, and will ensure that its respective representatives take care, to avoid the overbroad disclosure of competitively sensitive financial, operating or similar data, if any, as to which disclosure would have adverse consequences under applicable laws, including federal and state antitrust laws. Appropriate procedures will be followed by the Partnership and the Partners to limit the disclosure of competitively sensitive data, if any.
Competitively Sensitive Information. Notwithstanding anything in this Agreement to the contrary, no Member (other than the Managing Member and Carlyle) shall be entitled to receive any Competitively Sensitive Information.
Competitively Sensitive Information. The Members acknowledge that the Company, its Members and the Partnership will possess certain non-Public, Competitively Sensitive Information which the parties reasonably believe in good faith is not in the best interest of the Company, its Members or the Partnership to disclose to or among Members or could damage the Company, its Members or the Partnership or their respective businesses if such information is not kept confidential. The Members hereby agree to the following, which the Members agree are (x) reasonable standards under the Act for disclosure of non-Public, Competitively Sensitive Information and (y) will materially benefit the Company and the Members:
