Common use of Confidentiality/Limitation on Access to Project Clause in Contracts

Confidentiality/Limitation on Access to Project. The County acknowledges and understands that, to the extent, the Company utilizes confidential and proprietary “state-of-the-art” manufacturing equipment and techniques and that a disclosure of any confidential and proprietary “state- of-the-art” information relating to such equipment or techniques, including, but not limited to, disclosures of financial or other information concerning the Company’s operations would result in substantial harm to the Company and could thereby have a significant detrimental impact on the Company’s employees and also upon the County. Therefore, the County agrees that, except as required by law and pursuant to the County’s police powers, neither the County nor any employee, agent or contractor of the County: (i) shall request or be entitled to receive any such confidential or proprietary information; (ii) shall request or be entitled to inspect the Project or any property associated therewith; provided, however, that if an Event of Default shall have occurred and be continuing hereunder, the County shall be entitled to inspect the Project provided they shall comply with the remaining provisions of this Section; or (iii) shall disclose or otherwise divulge any such confidential or proprietary information to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by State law. Prior to disclosing any confidential or proprietary information or allowing inspections of the Project or any property associated therewith, the Company may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the County or any supporting or cooperating governmental agencies who would gather, receive or review such information or conduct or review the results of any inspections.

Confidentiality/Limitation on Access to Project. The County acknowledges and understands that, to the extent, that the Company utilizes confidential and proprietary “state-of-the-state of the art” manufacturing equipment and techniques and that a any disclosure of any confidential and proprietary “state- of-the-art” information relating to such equipment or techniques, including, including but not limited to, to disclosures of financial or other information concerning the Company’s operations would could result in substantial harm to the Company and could thereby have a significant detrimental impact on the Company’s 's employees and also upon the County. Therefore, the County agrees that, except as required by law and pursuant to the County’s police powerslaw, neither the County nor any employee, agent or contractor of the County: (i) shall request or be entitled to receive any such confidential or proprietary informationinformation concerning the Project; (ii) shall request or be entitled to inspect the Project or any property associated therewith; provided, however, that if an Event of Default shall have occurred and be continuing hereunder, unless the County shall be entitled must do so in order to inspect collect the Project provided they shall comply with fee payments due hereunder or to enforce applicable laws relating to the remaining provisions collection of this Sectionproperty taxes generally; or (iii) shall knowingly and intentionally disclose or otherwise divulge any such clearly marked confidential or proprietary information to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by State law. Prior to disclosing any confidential or proprietary information or allowing inspections of the Project Project, the Plant or any property associated therewith, the Company may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the County or any supporting or cooperating governmental agencies who would gather, receive or review such information or conduct or review the results of any inspections.

Confidentiality/Limitation on Access to Project. The County acknowledges and understands that, to the extent, that the Company utilizes and, as applicable, any Sponsor Affiliate, utilize confidential and proprietary “state-of-the-art” manufacturing equipment information and techniques data in their operations, and that a disclosure of any confidential and proprietary “state- of-the-art” information relating to such equipment or techniquesinformation, including, but not limited to, disclosures of financial or other information concerning the Company’s operations would and, as applicable, any Sponsor Affiliate’ operations, could result in substantial harm to the Company them and could thereby have a significant detrimental impact on the Company’s their employees and also upon the County. Therefore, the County agrees that, except as required by law and pursuant to the County’s police powers, neither the County nor any employee, agent or contractor of the County: (i) shall request or be entitled to receive any such confidential or proprietary information; (ii) shall request or be entitled to inspect the Project or any property associated therewith; provided, however, that if an Event of Default shall have occurred and be continuing hereunder, the County shall be entitled to inspect the Project provided they shall comply with the remaining provisions of this Section; or (iii) shall knowingly and intentionally disclose or otherwise divulge any such confidential or proprietary information to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by State law. Notwithstanding the foregoing, whenever the County shall be required by any governmental or financial entity to file or produce any reports, notices, returns or other documents while the Fee Agreement is in effect, the Company or owner of the Project at the time shall promptly furnish to the County through the County Attorney the completed form of such required documents together with a certification by the Company or owner that such documents are accurate and not in violation of any provisions of law or of the other documents of this transaction, and that the documents meet the legal requirements of such filing or delivery. In the event of the failure or refusal of the Company or owner to comply with this provision, the Company or owner agrees to pay the statement for attorneys’ fees and administrative time presented by the County for producing and filing such documents, such statement to be paid within thirty (30) days after presentation by the County, and to promptly pay any fees, penalties, assessments or damages imposed upon the County by reason of its failure to duly file or produce such documents. Prior to disclosing any confidential or proprietary information or allowing inspections of the Project or any property associated therewith, the Company and, as applicable, any Sponsor Affiliate, may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the County or any supporting or cooperating governmental agencies who would gather, receive or review such information or conduct or review the results of any inspections.

Confidentiality/Limitation on Access to Project. The County acknowledges and understands that, to the extent, that the Company utilizes confidential and proprietary “state-of-the-art” manufacturing equipment and techniques and that a disclosure of any confidential and proprietary “state- of-the-art” information relating to such equipment or techniques, including, including but not limited to, to disclosures of financial or other information concerning the Company’s operations would result in substantial harm to the Company and could thereby have a significant detrimental impact on the Company’s employees and also upon on the County. Therefore, the Company and the County agrees agree that, except as required in addition to what may be permitted by law and pursuant to the County’s police powers, neither the County nor any employee, agent or contractor of the County: (i) and its authorized agents shall request or be entitled to receive any such confidential or proprietary information; (ii) shall request or be entitled to inspect the Project or any property associated therewith; provided, however, that if an Event . Such rights of Default shall have occurred and be continuing hereunder, the County examination shall be entitled exercised upon such necessary terms and conditions as the Company may prescribe, which conditions shall be deemed to inspect include, but not be limited to, those necessary to protect the Project provided they shall comply with the remaining provisions of this Section; or (iii) shall disclose or otherwise divulge any such Company’s confidential or and proprietary information that may be subject to any other person, firm, governmental body or agency, or any other entity unless specifically required to do so by State lawdisclosure upon such examination. Prior to disclosing any confidential or proprietary information or allowing inspections of the Project or any property associated therewith, the Company may require the execution of reasonable, individual, confidentiality and non-disclosure agreements by any officers, employees or agents of the County or any supporting or cooperating governmental agencies who would gather, receive or review such information or conduct or review the results of any inspections.