Common use of Confidentiality Obligation Clause in Contracts

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after PurchaserXxxxxxxxx's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. For a period commencing on this date and ending on the tenth (a10th) If anniversary after the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance termination of the System ("Confidential Information") to Purchaser orAgreement, if in the course Receiving Party shall treat as confidential all of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party's Confidential Information regarding and shall not use such Confidential Information for any purpose whatsoever other than for the facilities or plans of purposes set forth herein, except as expressly otherwise permitted under this Agreement. Without limiting the Power Producerforegoing, Purchaser the Receiving Party shall (a) protect the Confidential information from disclosure to third parties with use the same degree of care accorded and means that it utilizes to protect its own confidential information of a similar nature, but in any event not less than reasonable care and proprietary informationmeans, and (b) refrain from using such Confidential Information, except in to prevent the negotiation and performance unauthorized use or the disclosure of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officersThird Parties. The Confidential Information may be disclosed only to employees or contractors of the Receiving Party with a "need to know" who are instructed and agree not to disclose the Confidential Information and not to use the Confidential Information for any purpose, directorsexcept as set forth herein; provided, manager, employees and Affiliates (collectively "Representatives")however, in the case of BDI Pharmaceuticals and its Affiliates, the term "employees or contractors of a Receiving Party" shall include employees of each case whose access of those of BDI Pharmaceuticals, its Affiliates and any contract research organizations with whom BDI Pharmaceuticals or its Affiliates has written agreements pursuant to which such contract research organization is reasonably necessary for purposes performing or will perform work under a Project and is bound by an obligation of the Agreement. Each confidence to BDI Pharmaceuticals or its Affiliates that makes such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be contract research organization liable for any breach by its employees of those confidentiality obligations to BDI Pharmaceuticals or its Affiliates. The Receiving Party shall have appropriate written agreements with any such employees or contract research organizations sufficient to comply with the provisions of this provision by Agreement. A Receiving Party may not alter, decompile, disassemble, reverse engineer or otherwise modify any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain received hereunder and the property mingling of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with information of the Receiving Party shall not affect the confidential nature or ownership of the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseras stated hereunder.

Confidentiality Obligation. For a period commencing on this date and ending on the tenth (a10th) If anniversary after the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance termination of the System ("Confidential Information") to Purchaser orAgreement, if in the course Receiving Party shall treat as confidential all of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party's Confidential Information regarding and shall not use such Confidential Information for any purpose whatsoever other than for the facilities or plans of purposes set forth herein, except as expressly otherwise permitted under this Agreement. Without limiting the Power Producerforegoing, Purchaser the Receiving Party shall (a) protect the Confidential information from disclosure to third parties with use the same degree of care accorded and means that it utilizes to protect its own confidential information of a similar nature, but in any event not less than reasonable care and proprietary informationmeans, and (b) refrain from using such Confidential Information, except in to prevent the negotiation and performance unauthorized use or the disclosure of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officersthird parties. The Confidential Information may be disclosed only to employees or contractors of the Receiving Party with a "need to know" who are instructed and agree not to disclose the Confidential Information and not to use the Confidential Information for any purpose, directorsexcept as set forth herein; provided, manager, employees and Affiliates (collectively "Representatives")however, in the case of BDI Group, the term "employees or contractors of a Receiving Party" shall include employees of each case whose access of those of BDI Group and any contract research organizations with whom BDI Group has written agreements pursuant to which such contract research organization is reasonably necessary for purposes performing or will perform work under a project and is bound by an obligation of the Agreement. Each confidence to BDI Group that makes such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be contract research organization liable for any breach by its employees of those confidentiality obligations to BDI Group. The Receiving Party shall have appropriate written agreements with any such employees or contract research organizations sufficient to comply with the provisions of this provision by Agreement. A Receiving Party may not alter, decompile, disassemble, reverse engineer, or otherwise modify any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain received hereunder and the property mingling of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with information of the Receiving Party shall not affect the confidential nature or ownership of the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseras stated hereunder.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser The Receiving Party shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide keep such Confidential Information in strict confidence, and except as provided in Section 15.1, shall not be entitled to disclose the Disclosing Party’s Confidential Information to anyone other than its officersown full-time employees who have a bona fide need to know for the sole and limited purpose of assisting the Receiving Party in performing its license grant hereunder, directorsbut only if such employees have first executed a binding and enforceable agreement with the Receiving Party which requires them to treat such Confidential Information only in the same manner as the Receiving Party is obligated to do so hereunder. The Receiving Party agrees to enforce such agreements to the fullest extent that the law will permit, managerand shall be responsible and liable to the Disclosing Party for any breach of the same, whether or not such individuals are employees of the Receiving Party at the time of such breach. On the Disclosing Party’s request, the Receiving Party shall provide the Disclosing Party with the names of all past and Affiliates present employees, who had access to the Disclosing Party’s Confidential Information. Receiving Party’s non-disclosure obligations shall endure with respect to each item of Confidential Information for so long as that item does not fall within any of the exemptions set forth in Section 15.1 (collectively "Representatives")a)-(d) above. However, in each case whose access the exemption of any given item of Confidential Information shall not affect any other item(s) of Confidential Information unless and until such other item(s) is likewise exempted. Receiving Party shall only be entitled to use the Disclosing Party’s Confidential Information for the express and limited purpose of performing and exercising its license grant hereunder, but subject to the Receiving Party’s non-disclosure obligations. It is contemplated that the Parties will need to disclose certain information obtained from the other Party to customers and potential customers for purposes of marketing, selling, supporting, and otherwise commercializing the Covered Products pursuant to this Agreement. The Parties agree that such information may be disclosed to customers or potential customers as is reasonably necessary for purposes the marketing, selling, supporting and commercializing of the Agreement. Each Covered Products, only if such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed is disclosed pursuant to an appropriate non-disclosure agreement with such customer or potential customer that requires them to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties a manner consistent with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserconfidentiality provisions herein.

Confidentiality Obligation. (a) If The Partners shall maintain the Power Producer provides confidentiality of Information or any other information considered secret or confidential informationby either Partner, including business planssuch as trade secrets, strategiesproduction know-how, financial informationformulae, proprietarydetails of customers and suppliers, patented, licensed, copy righted which is disclosed at any time during or trademarked information, and / for the purpose of negotiation or technical information regarding implementation of this Agreement or the , design, establishment or operation and maintenance of the System Company ("the “Confidential Information") to Purchaser or”). For the sake of clarity, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Enzymes shall be deemed Confidential Information regarding the facilities or plans of Enzymotec. In addition, Enzymotec acknowledges and confirm that it is aware of the Power Producerfact that (i) AAK is a listed company, Purchaser shall (aii) protect rules and regulations relating to disclosure and ixxxxxx xxxxxxx may be applicable in relation to the Confidential information from disclosure to third parties with the same degree Information of care accorded its own confidential and proprietary informationAAK, and (biii) refrain from using Enzymotec, by receiving such Confidential Information, except in may be classified as ”insider” by virtue of law and thus legally prohibited to use such Confidential Information for its own or any third person’s profit. Each of the negotiation and Partners undertakes: 16.1.1. not to use the Confidential Information either directly or indirectly for any other purpose than for the performance of this Agreement, 16.1.2. to limit the Agreement. Notwithstanding disclosure of the above, Purchaser may provide such Confidential Information to its officersmanagers, directors, manageremployees, employees and Affiliates (collectively "Representatives")external advisors who need to have access to the said Confidential Information for the implementation and performance of this Agreement, in each case whose access is reasonably necessary for purposes Partner ensuring from its managers, directors, employees, and external advisors the same obligation of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature confidentiality and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be remaining liable for any breach by them of this provision by the terms and conditions contained hereunder, and 16.1.3. not to disclose the Confidential Information or part of it to any entity third party without the prior written consent of the other Partner. The obligations of confidentiality contained herein shall not apply to whom it improperly discloses any Confidential Information for which either Partner provides to the other Partner evidence that the Confidential Information: (i) was already known by the receiving Partner before such Confidential Information was disclosed by the disclosing Partner; (ii) is or subsequently comes into the public domain, other than by a breach of the Agreement or any other agreement between the Partners or between a Partner and the Company, or between a Partner and third parties; or (iii) is received by the receiving Partner from a third party who does not infringe any obligation of confidentiality towards the disclosing Partner or the Company. All In the event that either Partner is requested, under legal proceeding in courts or under an investigation conducted by governmental or quasi-governmental authorities, to disclose any part of the Confidential Information, it shall provide the other Partner with prompt written notice of any such request or requirement so that the other Partner may seek a preliminary or other protective order or other appropriate remedy. The Partner requested to disclose the Confidential Information, will disclose to such authorities only that portion of the Confidential Information, which is legally required to be disclosed. The receiving Partner shall not be relieved of its obligations of confidentiality contained herein because any item of Confidential Information is embraced by more general information which falls within any one or more of the exclusions set forth in this Section above. No combination of items of Confidential Information shall remain be deemed to be within the property said exclusions merely because individual items are within any of the Power Producer exclusions. The Partners further undertake to keep confidential and shall be returned to. It after Purchaser's need for it has expired or upon not disclose to any third party the request existence and any of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course provisions of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Informationthis Agreement, except that the Partners may do so in the negotiation and performance relation to any of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchasertheir Affiliates.

Confidentiality Obligation. (a) If Each Member and the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding Company agree to carefully restrict access to the , design, operation and maintenance Confidential Information to its Representatives. All such Representatives shall (i) be informed by the Receiving Party of the System ("confidential nature of the Confidential Information", (ii) agree to Purchaser or, if in keep the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans strictly confidential and (iii) be advised of the Power Producer, Purchaser terms of this Section 11 and agree to be bound to their employer-Member or employer-Company by terms of this Section 11. Each Member agrees to be responsible for any breaches of any of the provisions of this Section 11 by any of its Representatives (it being understood that such responsibility shall be in lieu of any right or remedy the Disclosing Party may have against any Representative with respect to such breach). (ab) protect The Members hereby agree that the Confidential information from disclosure to third parties Information will be disclosed solely in connection with the purpose of the Company, as provided in Section 1.3. The Receiving Party shall hold and maintain the Confidential Information in confidence, with the same degree of care accorded as it treats its own own, comparable confidential and proprietary information, and (b) refrain from using such shall not disclose to any person, which shall include, without limitation, any corporation, organization, group, partnership, entity or individual, any Confidential Information, except in without the negotiation and performance written consent of the AgreementDisclosing Party. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees The Members and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall Company agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All that all Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power ProducerDisclosing Party. (bc) If No Member or Company shall, without the Purchaser provides confidential informationprior written consent of the Disclosing Party, including business plansduplicate, strategiescopy, financial informationpublish, proprietaryuse or otherwise disclose to others or, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer orextent practicable, if in permit the course use by others of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans any of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure received by it. (d) Notwithstanding the foregoing, in the event any Member or Company, or any Representatives receive a request or are required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to third parties disclose all or any part of the Confidential Information, such Member or Company, as the case may be, agree to (i) immediately notify the Disclosing Party of the existence, terms and circumstances surrounding such request, (ii) consult with the same degree Disclosing Party on the advisability of care accorded taking legally available steps to resist or narrow such request and (iii) assist the Disclosing Party, at the Disclosing Party’s expense, in seeking a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained or that the Disclosing Party waives compliance with the provisions hereof, (A) the Receiving Party or its own confidential and proprietary informationRepresentatives, as the case may be, may disclose to any tribunal only that portion of the Confidential Information which the Receiving Party or its Representatives are advised by counsel is legally required to be disclosed, and (b) refrain from using the Receiving Party or its Representatives shall exercise reasonable best efforts to obtain assurance that confidential treatment will be accorded such Confidential Information, except in and (B) the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to Receiving Party or its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information Representatives shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall not be liable for such disclosure, unless disclosure to any breach, of such tribunal was caused by or resulted from a previous disclosure by the Receiving Party or its Representatives not permitted by this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the PurchaserSection 11.

Confidentiality Obligation. (a) If the Power Producer SPD provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the financing, design, operation and maintenance of the System ("Confidential Information") to Purchaser Buying Entity or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser AgreementBuying Entity learns Confidential Information regarding the facilities or plans of the Power ProducerSPD, Purchaser Buying Entity shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded careaccorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser Buying Entity may provide such Confidential Information to its officers, directors, managermanagers, employees and Affiliates (collectively collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information Confidential Information shall be informed by Purchaser Buying Entity of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser Buying Entity shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer SPD and shall be returned to. It to it after PurchaserBuying Entity's need for it has expired or upon the request of the Power ProducerSPD. (b) If the Purchaser Buying Entity provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer SPD or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer SPD learns Confidential Information regarding the facilities Or or plans of the PurchaserBuying Entity, the Power Producer SPD shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer SPD may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer SPD of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer SPD shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser Buying Entity and shall be returned to it after the Power ProduceSPD's need for it has expired or upon the request of the PurchaserBuying Entity.

Confidentiality Obligation. For a period commencing on this date and ending on the tenth (a10th) If anniversary after the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance termination of the System ("Confidential Information") to Purchaser orAgreement, if in the course Receiving Party shall treat as confidential all of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party’s Confidential Information regarding and shall not use such Confidential Information for any purpose whatsoever other than for the facilities or plans of purposes set forth herein, except as expressly otherwise permitted under this Agreement. Without limiting the Power Producerforegoing, Purchaser the Receiving Party shall (a) protect the Confidential information from disclosure to third parties with use the same degree of care accorded and means that it utilizes to protect its own confidential information of a similar nature, but in any event not less than reasonable care and proprietary informationmeans, and (b) refrain from using such Confidential Information, except in to prevent the negotiation and performance unauthorized use or the disclosure of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officersThird Parties. The Confidential Information may be disclosed only to employees or contractors of the Receiving Party with a “need to know” who are instructed and agree not to disclose the Confidential Information and not to use the Confidential Information for any purpose, directorsexcept as set forth herein; provided, manager, employees and Affiliates (collectively "Representatives")however, in the case of BDI Pharmaceuticals and its Affiliates, the term “employees or contractors of a Receiving Party” shall include employees of each case whose access of those of BDI Pharmaceuticals, its Affiliates and any contract research organizations with whom BDI Pharmaceuticals or its Affiliates has written agreements pursuant to which such contract research organization is reasonably necessary for purposes performing or will perform work under a Project and is bound by an obligation of the Agreement. Each confidence to BDI Pharmaceuticals or its Affiliates that makes such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be contract research organization liable for any breach by its employees of those confidentiality obligations to BDI Pharmaceuticals or its Affiliates. The Receiving Party shall have appropriate written agreements with any such employees or contract research organizations sufficient to comply with the provisions of this provision by Agreement. A Receiving Party may not alter, decompile, disassemble, reverse engineer or otherwise modify any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain received hereunder and the property mingling of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with information of the Receiving Party shall not affect the confidential nature or ownership of the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseras stated hereunder.

Confidentiality Obligation. From the date of this Agreement until two years after the Closing Date, none of the Sellers or their respective Affiliates shall disclose, and each Seller shall cause its Affiliates, managers, officers, members, employees, agents and representatives not to disclose, except to the extent permitted in Section 9(e)(i) or (aii) If below, any geological, geophysical, technical, contractual or other information of any nature or kind (written, verbal, electronic, digital, or otherwise) consisting of, or involving, concerning or pertaining in any manner to the Power Producer provides confidential informationAssets (including drilling or testing operations or results) (“Confidential Information”). Notwithstanding the foregoing, any Party may make any public disclosure it believes in good faith is required by applicable law (in which case the disclosing Party will use its reasonable best efforts to advise the other Parties prior to making the disclosure). (i) Sellers may disclose Confidential Information to any Person who Sellers have engaged to represent or assist Sellers in the negotiation or preparation of this Agreement, or to advise Sellers with respect thereto, and to any employee of Sellers who is involved in assisting Sellers with respect to the purchase and sale contemplated by this Agreement, but only if such Person (including legal counsel) has agreed to a non-disclosure agreement containing the same disclosure prohibitions as set forth above in this Section 9(e). (ii) Notwithstanding the disclosure prohibitions set forth in Section 9(e)(i), Sellers shall not be liable for disclosure of any Confidential Information if the same: (A) is now in or hereafter comes into the public domain without breach of this Agreement and through no fault of the receiving Party, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted any public disclosure made by Purchaser which it believes in good faith is required by applicable law; or trademarked information, (B) is properly and / or technical information regarding the , design, operation and maintenance lawfully known to any of the System Sellers or their respective Affiliates prior to disclosure hereunder as evidenced by its written records; or ("C) subsequent to disclosure hereunder, is lawfully received by the Sellers or their respective Affiliates from a third party whose rights therein are without any restriction to disseminate the Confidential Information"; or (D) is developed by Sellers or their respective Affiliates independently of and without reference to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns any Confidential Information regarding as shown by tangible evidence; or (E) is lawfully required to be disclosed by the facilities disclosing party to a duly constituted governmental or plans judicial body, provided that the disclosing party shall, prior to disclosure, notify the other party of the Power Producer, Purchaser such requirement and shall (a) protect the Confidential information from disclosure use reasonable efforts to third parties with the same degree of care obtain reliable assurance that confidential treatment will be accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. For a period commencing on this date and ending on the tenth (a10th) If anniversary after the Power Producer provides termination of this Agreement, the Receiving Party shall treat as confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance all of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party’s Confidential Information regarding and shall not use such Confidential Information for any purpose whatsoever other than for the facilities or plans of purposes set forth herein, except as expressly otherwise permitted under this Agreement. Without limiting the Power Producerforegoing, Purchaser the Receiving Party shall (a) protect the Confidential information from disclosure to third parties with use the same degree of care accorded and means that it utilizes to protect its own confidential information of a similar nature, but in any event not less than reasonable care and proprietary informationmeans, and (b) refrain from using such Confidential Information, except in to prevent the negotiation and performance unauthorized use or the disclosure of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officersThird Parties. The Confidential Information may be disclosed only to employees or contractors of the Receiving Party with a “need to know” who are instructed and agree not to disclose the Confidential Information and not to use the Confidential Information for any purpose, directorsexcept as set forth herein; provided, manager, employees and Affiliates (collectively "Representatives")however, in the case of BDI Pharmaceuticals and its Affiliates, the term “employees or contractors of a Receiving Party” shall include employees of each case whose access of those of BDI Pharmaceuticals, its Affiliates and any contract research organizations with whom BDI Pharmaceuticals or its Affiliates has written agreements pursuant to which such contract research organization is reasonably necessary for purposes performing or will perform work under the Development Plan or Commercialization Plan and is bound by an obligation of the Agreement. Each confidence to BDI Pharmaceuticals or its Affiliates that makes such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be contract research organization liable for any breach by its employees of those confidentiality obligations to BDI Pharmaceuticals or its Affiliates. The Receiving Party shall have appropriate written agreements with any such employees or contract research organizations sufficient to comply with the provisions of this provision by Agreement. A Receiving Party may not alter, decompile, disassemble, reverse engineer or otherwise modify any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain received hereunder and the property mingling of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with information of the Receiving Party shall not affect the confidential nature or ownership of the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseras stated hereunder.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance In consideration of the System ("Confidential Information") to Purchaser or, if in Discloser providing the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties Disclosee with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except the Disclosee agrees that it will hold all Confidential Information that it receives in the negotiation strictest confidence and performance will not, without the prior written consent of the Agreement. Notwithstanding Discloser, disclose any part of the aboveConfidential Information to any person, Purchaser may provide firm or corporation other than to such of its directors, officers, employees and external professional advisers who need to know such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes the purpose of considering the suitability of the Agreement. Each such recipient of confidential information Product (and who shall be informed by Purchaser of its the confidential nature and of the information), provided that the Disclosee shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable responsible for any breach of this provision Agreement by any entity such person. The Disclosee shall employ the same safeguards to whom keep Confidential Information confidential as it improperly discloses employs to safeguard its own trade secrets and other confidential information. The Disclosee further agrees that it shall use the Confidential InformationInformation strictly only for the purpose of considering the suitability of the Product and shall not use or allow the use of Confidential Information for any other purposes without the prior written consent of the Discloser. All Confidential Information shall remain not be copied by the property Disclosee without the express prior written permission of the Power Producer and Discloser, except for such copies as the Disclosee may reasonably require for our use pursuant to this Agreement. Further, no Confidential Information shall be returned tocopied or stored in any externally accessible computer or electronic retrieval system or transmitted in any form or by any means over the Internet or any other non-private network or otherwise outside the Disclosee’s premises without the express prior written permission of the Discloser. It after Purchaser's need for it has expired The rights and remedies provided by this Agreement are cumulative and are not exclusive of any rights or upon remedies provided by law. The Disclosee acknowledges that remedies at law may be inadequate to protect the Discloser against any breach by the Disclosee of this Agreement. Without prejudice to any other rights and remedies otherwise available, the Disclosee agrees that the Discloser shall be entitled to seek injunctive and other equitable relief to prevent or mitigate the consequences of unauthorised disclosure of Confidential Information and the Disclosee shall not oppose such application. Upon the written request of the Power Producer. (b) If Discloser, the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") Disclosee shall: promptly surrender to the Power Producer or, if in the course Discloser all originals and copies of performing under the Agreement or negotiating the Agreement the Power Producer learns any and all Confidential Information regarding which may be in its possession, whether the facilities Or plans Discloser makes express demand for them or not; or certify in writing to the Discloser that, to the best of its knowledge, all originals and copies of any Confidential Information which were used or possessed by the Disclosee have been returned to a designated officer of the PurchaserDiscloser, and shall also promptly return to the Power Producer shall (a) protect the Discloser any other Confidential Information from disclosure which might subsequently turn up in its control or possession, without further request by the Discloser, in each case subject to third parties with any obligation to maintain back ups or records or retain information imposed on the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Disclosee by any law or competent regulatory body. Nothing contained in this Agreement shall be construed as granting or conferring any rights by licence or otherwise in any Confidential Information, except for the right to use Confidential Information strictly in accordance with the negotiation provisions of this Agreement. Each party represents that the execution, delivery and performance of this Agreement has been duly authorised by such party, and that the Agreementperson executing this Agreement on each party’s behalf has the power and authority to do so. Notwithstanding This Agreement shall be binding upon and shall inure to the above, benefit of the Power Producer may provide such parties hereto and their respective successors and assigns. The Confidential Information contemplated herein is being provided without representation or warranty, express or implied, as to its officersaccuracy or completeness and without any responsibility to revise or update. The parties hereto agree and acknowledge that this Agreement does not oblige either of them to enter into or continue any further agreement or business relationship. No failure or delay on the part of any party in exercising any right, directorspower or privilege under this Agreement shall operate as a waiver of such right, managerspower or privilege, employees nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and Affiliates such counterparts together shall constitute and be one and the same instrument. A person who is not party to this Agreement shall have no rights under the Contracts (collectively, "Representatives"), Rights of Third Parties) Act 1999 to enforce any of its terms. This Agreement and all non-contractual obligations relating thereto will be governed by and construed in each case whose access is reasonably necessary for purposes all respects in accordance with English law and the parties hereto agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to this Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. Recipient will: (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationtreat as confidential, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information Information of the Discloser from disclosure all unauthorized use, disclosure, copying, dissemination or distribution; (b) use such Confidential Information solely for the purposes of this Agreement; (c) not disclose, deliver, distribute, display, demonstrate or otherwise make available such Confidential Information to third parties with any employees or other Persons, except those employees and contractors of Recipient (“Representatives”) who (i) need to know such Confidential Information for the same degree purposes of care accorded its own confidential and proprietary informationperforming the Recipient’s obligations under this Agreement, (ii) have been informed that such Confidential Information belongs to the Discloser, and (biii) refrain from using have agreed, in a written agreement, to maintain the confidentiality thereof; (d) promptly return and/or destroy all such Confidential Information upon the earlier of Discloser’s request or the expiration or termination of this Agreement (and if such return is impossible as to any portion of the Confidential Information, then Recipient will promptly permanently destroy such Confidential Information and certify to Discloser that all such Confidential Information, except in the negotiation including all copies thereof, has been completely and performance permanently destroyed); (e) immediately notify Discloser upon discovery of the Agreement. Notwithstanding the aboveany loss or unauthorized use, Purchaser may provide disclosure, copying, dissemination or distribution of any such Confidential Information and use all reasonable efforts to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using retrieve such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide ; (f) not reverse engineer or analyze such Confidential Information to (except as permitted by law); and, (g) will not remove or obscure markings (if any) on Confidential Information indicating its officersproprietary or confidential nature. If any Representative uses, directorsdiscloses, managerscopies, employees and Affiliates (collectivelydisseminates or distributes Confidential Information other than as authorized in this Agreement, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall Recipient will be liable to Discloser for any breachsuch use, of this provision by any entity disclosure, copying, dissemination or distribution to whom the same extent that it improperly discloses would have been had the Recipient used, disclosed, copied, disseminated or distributed that Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. 2.1 In consideration of the Discloser agreeing to disclose or causing to disclose Confidential Information to the Recipient or any of the Recipient’s Related Persons for the Purpose, the Recipient (i) undertakes to the Discloser that the Recipient; and (ii) shall procure that the Recipient’s Related Persons shall: (a) If acknowledge that the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own is confidential and proprietary information, and is received under a duty of confidentiality to the Discloser; (b) refrain from using such keep the Confidential InformationInformation secret and strictly confidential; (c) not disclose or distribute any Confidential Information or otherwise make it available to any person without the prior written consent of the Discloser, except which may be withheld in the negotiation and performance of the Agreement. Notwithstanding the aboveDiscloser’s absolute discretion, Purchaser may provide other than as permitted under Clause 3.2; (d) not develop, or file any application for, intellectual property rights (including without limitation any copyright, patent or design application) based on such Confidential Information unless otherwise agreed by the Parties in writing in a definitive agreement relating to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each the Purpose. In case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by Clause 2.1(d), the Discloser shall have all right, title and interest in and to any entity such rights and the Recipient shall, at its sole cost and expense take all necessary steps to transfer all rights with interest in and to any such intellectual property rights to the Discloser; and (e) not produce any similar design or reverse engineer or otherwise modify in any way the Confidential Information of the Discloser. 2.2 The Recipient agrees to use the Confidential Information solely for the Purpose and not for any other purpose. 2.3 The Recipient shall keep and shall procure that any person to whom it improperly discloses Confidential Information. All Confidential Information is disclosed in accordance with Clause 3.2 shall remain keep, the property Confidential Information securely and properly protected against theft, damage, loss and unauthorised access, including access by electronic means. 2.4 The Recipient shall notify the Discloser immediately upon becoming aware that: (a) any of the Power Producer and shall be returned to. It after Purchaser's need for it Confidential Information has expired been disclosed to or upon the request of the Power Producer.obtained by a third party, otherwise than as permitted under this Agreement, unless such notification is prohibited by applicable law; (b) If any announcement; or (c) any actual or suspected misuse, misappropriation, or unauthorised use or disclosure of Confidential Information which is or is reasonably likely to constitute a breach of any of the Purchaser provides confidential informationprovisions of this Agreement; and such notification shall include the full circumstances of such occurrence and without prejudice to any rights or remedies the Discloser may have, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") the Recipient shall reasonably cooperate with the Discloser to the Power Producer or, if extent permitted under law in order to protect the course confidentiality of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information including to remedy or mitigate the effects of such actual or threatened breach. 2.5 The term of this Agreement shall commence from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature Effective Date and shall be directed to treat such information confidentially continue in full force and effect until [●] years from the [Effective Date]. The confidentiality obligation set forth herein shall survive the expiration of this Agreement and shall agree to abide by these provisions. The Power Producer shall be liable remain binding for any breach, [●] years after such expiration of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the PurchaserAgreement.

Confidentiality Obligation. Except as otherwise expressly agreed in writing by the other Party, and except as otherwise agreed in Sections 29.02 and 29.03, each receiving Party shall, and shall cause its Representatives to, (a) If keep strictly confidential and take reasonable precautions to protect against the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance disclosure of the System ("all Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using use all Confidential Information solely for the purposes of performing its obligations under this Agreement and not for any other purpose; provided, a Party may disclose Confidential Information to those of its Representatives who need to know such information for the purposes of performing the receiving Party’s obligations under this Agreement if, but only if, prior to being given access to Confidential Information, except such Representatives are informed of the confidentiality thereof and the requirements of this Agreement and are directed to comply with the requirements of this Agreement and, in the negotiation case of Representatives of Seller engaged wholly or in part in the purchase and performance sale of the Agreement. Notwithstanding the aboveelectrical power or natural gas, Purchaser may provide only if such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), Representatives are directly engaged in each case whose access is reasonably necessary for purposes of the performing Seller’s obligations under this Agreement. Each such recipient of confidential information shall Party will be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable responsible for any breach of this provision Agreement by its Representatives. Permitted Disclosures. SCE may disclose Confidential Information to the Independent Evaluator. SCE and the Independent Evaluator may disclose Confidential Information to duly authorized regulatory and governmental agencies or entities, including the FERC, CPUC and all divisions thereof, and the CAISO, SCE’s Procurement Review Group (the “PRG”), a group of non-market participants including members of the CPUC, and SCE’s Cost Allocation Mechanism Group (“CAM”), and other governmental agencies and consumer groups established by the CPUC in Decision 00-00-000. Neither SCE nor the Independent Evaluator shall have any liability whatsoever to Seller in the event of any unauthorized use or disclosure by a regulatory or governmental agency or entity including without limitation the FERC, the CPUC and all divisions thereof, the PRG, CAM or the CAISO of any Confidential Information or other information disclosed to whom it improperly discloses any of them by SCE or the Independent Evaluator. SCE and the Independent Evaluator may also disclose Confidential Information to any Governmental Authority or to any third party to the extent necessary to comply with any Applicable Laws, and any applicable regulation, decision, rule, subpoena or order of the CPUC, CEC, FERC, any administrative agency, legislative body or other tribunal (other than those entities set forth in Section 29.02(c)), any exchange, Control Area or CAISO rule, or any discovery or data request of a party to any proceeding pending before any of the foregoing. The Parties may disclose Confidential Information to the extent necessary to comply with any subpoena or order of court or judicial entity having jurisdiction over the disclosing Party (other than those entities set forth in Section 29.02(b)), or in connection with a discovery or data request of a party to any proceeding before any of the foregoing. Duty to Seek Protection. In connection with requests or orders to produce Confidential Information protected by this Agreement in the circumstances provided in Section 29.02(c) (by deposition, interrogatories, requests for information or documents, subpoena, order or similar legal process) each Party (i) will promptly notify the other Party of the existence, terms, and circumstances of such requirement(s) so that such other Party may seek an appropriate protective order or waive compliance with the provisions of this Agreement, and (ii) will, and will cause its Representatives to, cooperate fully with such other Party in seeking to limit or prevent such disclosure of such Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired If a Party or upon the request of the Power Producer. (b) If the Purchaser provides confidential informationits Representatives are, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course written opinion of performing under the Agreement its legal counsel, and notwithstanding compliance with Section 29.03(a) compelled to make disclosure in response to a requirement described in Section 29.03(a) or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaserstand liable for contempt or suffer other penalty, the Power Producer shall (a) protect compelled person may disclose only that portion of the Confidential Information from disclosure protected by this Agreement which it is legally required to third parties with disclose and will exercise its best efforts to obtain reliable assurance that confidential treatment will be accorded to the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such disclosed Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the protected by this Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. “Confidential Information” means any information or data disclosed or made available prior to the Effective Date or during the Term by either Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) that is either marked or identified in writing within thirty (30) days of disclosure as confidential or proprietary, provided that information related to a Disclosing Party’s present or future business plans, strategies or technology will be deemed Confidential Information of the Disclosing Party even if not so marked or identified. The Receiving Party will: (a) If not use the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party’s Confidential Information regarding except for the facilities exercise of its rights or plans performance of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and obligations hereunder; (b) refrain from using not disclose such Confidential Information to any third party, other than (i) its employees and consultants who have a “need to know” for the Receiving Party to exercise its rights or perform its obligations hereunder and (ii) investors, prospective investors, acquirers, prospective acquirers, and professional advisers; provided that such employees and consultants, investors, prospective investors, acquirers, prospective acquirers and professional advisers are bound by agreements or, in the case of professional advisers, ethical duties respecting such Confidential Information in accordance with the terms of this Section 11; and (c) use reasonable measures to protect the confidentiality of such Confidential Information. If the Receiving Party is required by law to make any disclosure of such Confidential Information, except the Receiving Party will first give written notice of such requirement to the Disclosing Party, and will permit the Disclosing Party to intervene in any relevant proceedings to protect its interests in the negotiation Confidential Information, and performance of provide full cooperation to the AgreementDisclosing Party in seeking to obtain such protection. Notwithstanding the above, Purchaser may provide such Information will not be deemed Confidential Information hereunder if such information: (1) is known or becomes known (independently of disclosure by the Disclosing Party) to its officersthe Receiving Party prior to receipt from the Disclosing Party from a source other than one having an obligation of confidentiality to the Disclosing Party; (2) becomes publicly known, directorsexcept through a breach hereof by the Receiving Party; or (3) is independently developed by the Receiving Party, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes which can be shown by written evidence. The terms of the Agreement. Each such recipient of confidential information this Supply Agreement shall be informed by Purchaser deemed to be Confidential Information of its confidential nature each Party, and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") subject to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserconfidentiality obligations set forth herein.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationLICENSEE shall hold, and / shall cause its Affiliates to hold, all Know-How disclosed to it under this Agreement in confidence at all times during and after the term of this Agreement and each party shall require each of its employees and 03/09/94/RRI/09152/001/AGREE-11/71484.1 consultants, and the employees and consultants of its Affiliates, having access to Know-How relating to the Licensed Products or technical information regarding the component parts thereof to enter into an agreement whereby each such employee or consultant agrees to hold such Know-How in confidence at all times, designand agrees not to compete with LICENSOR or LICENSEE either during his employment or engagement and for a three (3) year period thereafter, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course event such time period is not enforceable, then a reasonable period as agreed by a judicial body within the Territory. Other measures to be taken by LICENSEE and its Affiliates to hold Know-How in confidence shall be subject to the review and approval of performing under LICENSOR. LICENSOR shall have the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producerright, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance event of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any a violation or breach of this Section 7.1 by LICENSEE, its Affiliates, employees, or consultants, to seek and obtain specific enforcement of the provisions of this Section; and to commence an action, in LICENSEE's name and stead, against any party with whom LICENSEE has a confidentiality agreement as required by this Section if such party breaches any provision of such 188 agreement and if LICENSEE for any reason elects not to enforce such provision. The obligations regarding confidentiality contained hereinabove shall not apply to any Know-How that; (i) is at the time of disclosure generally available to the public; (ii) becomes generally available to the public through no breach of confidentiality obligations by the party to whom the disclosure is made or by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain of its Affiliates or the property employees or consultants of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request any of the Power Producer.them; or (biii) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") is disclosed to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed receiving party by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision another party not bound by any entity to whom it improperly discloses Confidential Informationconfidentiality obligation. All Confidential Information An individual feature of Know-How shall remain not be considered within the property above exceptions merely because the feature is embraced by more general information within the exceptions. A combination of features of Know-How shall not be considered within the Purchaser above exceptions unless the combination itself and shall be returned to it after its principle of operation are within the Power Produce's need for it has expired or upon the request of the Purchaserexceptions.

Confidentiality Obligation. (a) If Each party acknowledges that, in -------------------------- the Power Producer provides course of performing its duties under this Agreement, it may receive information relating to the other party which the receiving party knows, or has reason to know is of a confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System and/or proprietary nature ("Confidential Information") to Purchaser ). Such Confidential Information may include, but is not limited to, the terms and conditions of this Agreement, minimum price guidelines, future product releases, trade secrets, know-how, inventions, techniques, processes, programs, schematics, software, data, pricing and discount schedules, customer lists, financial information and business, sales and marketing plans. To be treated as Confidential Information, information disclosed in written form must be marked "Confidential" at the time of disclosure or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns disclosed orally, must be designated as "Confidential". Any information relating to Trio Code shall be treated as Company's Confidential Information regarding unless Xxxxxxx.xxx exercises the facilities or plans Option to Purchase, in which event such information shall be deemed to be Xxxxxxx.xxx's Confidential Information, without the necessity of being marked as "Confidential". The receiving party shall at all times both during the Power Producer, Purchaser shall term of this Agreement and all times thereafter (a) protect the Confidential information from disclosure to third parties with take the same degree of care accorded that it uses to protect its own confidential and proprietary informationinformation of similar nature and importance (but in any event no less than reasonable care) in order to protect the confidentiality of, and avoid the unauthorized use, disclosure, publication or dissemination of the Confidential Information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide not use such Confidential Information for any purposes other than as may be reasonably necessary for the performance of its duties or enjoyment of its rights hereunder. The receiving party shall not disclose any Confidential Information to its officers, directors, manager, any person or entity other than to the receiving party's employees and Affiliates (collectively "Representatives"), in each case whose access is or consultants as may be reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser performing its duties or enjoyment of its confidential nature rights hereunder; provided that such employees and shall be directed to treat such information confidentially consultants have first entered into agreements at least as protective of the Confidential Information as the terms and shall agree to abide by these provisions. Purchaser shall be liable for any breach conditions of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, Section 6 ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement). Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser*CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION.

Confidentiality Obligation. 3.1. In consideration of the disclosure and release of the Confidential Information by Disclosing Party to the Recipient, the Recipient hereby agrees that the Disclosing Party has certain contractual requirements towards wind turbine original equipment manufacturers (“OEMs”) and shall keep any Confidential Information, including but not limited to the existence of this contract, meetings, discussions and roadmaps in strict confidence and warrants and undertakes; (a) If to hold and keep in confidence any and all such Confidential Information and not to disclose the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted Confidential Information or trademarked information, any part thereof to any third party except to only its limited Representatives whose duties require them to possess or consider the Confidential Information and / or technical information regarding strictly on a “need to know” basis only; the , design, operation and maintenance Representatives shall be advised of the System nature of the Confidential Information and the obligation to preserve the disclosure of the Confidential Information and each such person shall be informed of the existence of this Agreement. The Representatives shall comply with all the terms of this Agreement as if they were a party hereto acting in the capacity of the Recipient. Any breach of this Agreement or non-compliance with any terms of this Agreement by a Representative shall be treated as a breach by the Recipient of the terms of this Agreement; ("Confidential Information"b) to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with use at least the same degree of care accorded precaution as it would use to protect its own confidential and proprietary information, and Confidential Information of like importance but in no event less than reasonable care; (bc) refrain from using such not to use the Confidential Information, except in the negotiation and performance whole or in part, for any purpose other than consummation of the Purpose; (d) to notify the Disclosing Party immediately of any breach or suspected breach of this Agreement. Notwithstanding the above, Purchaser may provide including if Confidential Information has been disclosed to any unauthorised person, and take all reasonable steps to retrieve such Confidential Information and/or to its officersprotect it from further disclosure; (e) not to use the Confidential Information in a manner directly or indirectly causing damages to the Disclosing Party or use the Confidential Information to gain commercial benefit to itself, directorsand (f) upon written request, manager, employees to provide the Disclosing Party with a list of Representatives (at entity level) to whom it has disclosed Confidential Information. 3.2. The Recipient acknowledges and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information agrees that it shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable responsible for any breach of the terms of this provision Agreement by any entity of its Representatives hereof and shall take all reasonable measures to whom it improperly discloses restrain such Representatives from prohibited or unauthorized disclosure or use of the Confidential Information. 3.3. All Confidential Information No announcement, circular or other publicity in connection with the subject matter of this Agreement or the Purpose shall remain the property be made by or on behalf of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon Recipient, without the request prior written approval of the Power ProducerDisclosing Party. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential Confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It it after PurchaserXxxxxxxxx's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. Each Party (aa "Recipient") If shall keep the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance Confidential Information of the System other Party (the "Confidential InformationDiscloser") to Purchaser or, if in secret and confidential and shall not (without the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans prior written consent of the Power Producer, Purchaser shall (aDiscloser) protect the Confidential information from disclosure to third parties with the same degree disclose any part of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such that Confidential Information to any person other than to its employees, officers, directors, manageragents, employees service providers, or contractors (the “Authorized Recipients”) who require access to that Confidential Information in order for the Recipient to perform its obligations under these Terms and Affiliates Conditions or receive the benefit of its rights under these Terms and Conditions. Recipient and its Authorized Recipients shall not (collectively "Representatives"), in each case whose access is reasonably necessary for purposes without the prior written consent of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (bDiscloser) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect use the Confidential Information from disclosure to third parties with except for the same degree exclusive purpose of care accorded performing its own confidential obligations under these Terms and proprietary informationConditions or receiving the benefit of its rights under these Terms and Conditions. Each party shall be responsible for the acts and omissions of its employees, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managersagents, employees service providers or contractors. This section above shall not apply to: - Any Confidential Information which is or passes into the public domain, other than directly or indirectly as a result of or in connection with any act or default of the Recipient or any of its Authorized Recipients in breach of these Terms and Affiliates Conditions; - Any Confidential Information held by the Recipient prior to disclosure of such Confidential Information by the Discloser to the Recipient; - The use or disclosure of Confidential Information legally obtained by a third party not prohibited from disclosing such information by a legal, contractual or fiduciary obligation; - Any information independently developed by a Party without the use of the other Party’s Confidential Information; When disclosure of Confidential Information is required by any applicable legislation or any court or judicial or administrative authority of competent authority, or by any third party data supplier for the proper performance of the Services, the Recipient shall disclose Confidential Information to the aforementioned third parties provided however, that prior to making any such disclosure, the disclosing party promptly notifies the other party of such requirement or request (collectively, "Representatives"where allowed by law to do so), and allows the other party the reasonable opportunity to exhaust all reasonable legal and equitable channels for maintaining such information in each case whose access is reasonably necessary for purposes confidence. When a party becomes legally compelled to disclose Confidential Information as set out above, such party agrees to provide only that portion of the Agreement. Each Confidential Information which is legally required provided that the such recipient of Confidential. Information shall party obtains assurances that confidential treatment will be informed by afforded to the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information This confidentiality obligation shall remain the property of the Purchaser and shall be returned to it continue without limitation or termination even after the Power Produce's need for it has expired or upon the request termination of the PurchaserAgreement and these Terms and Conditions.

Confidentiality Obligation. Except as otherwise expressly agreed in writing by the other Party, and except as otherwise agreed in Sections 29.02 and 29.03, each receiving Party shall, and shall cause its Representatives to, (a) If keep strictly confidential and take reasonable precautions to protect against the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance disclosure of the System ("all Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using use all Confidential Information solely for the purposes of performing its obligations under this Agreement and not for any other purpose; provided, a Party may disclose Confidential Information to those of its Representatives who need to know such information for the purposes of performing the receiving Party’s obligations under this Agreement if, but only if, prior to being given access to Confidential Information, except such Representatives are informed of the confidentiality thereof and the requirements of this Agreement and are directed to comply with the requirements of this Agreement and, in the negotiation case of Representatives of Seller engaged wholly or in part in the purchase and performance sale of the Agreement. Notwithstanding the aboveelectrical power or natural gas, Purchaser may provide only if such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), Representatives are directly engaged in each case whose access is reasonably necessary for purposes of the performing Seller’s obligations under this Agreement. Each such recipient of confidential information shall Party will be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable responsible for any breach of this provision Agreement by its Representatives. Permitted Disclosures. SCE may disclose Confidential Information to the Independent Evaluator. SCE and the Independent Evaluator may disclose Confidential Information to duly authorized regulatory and governmental agencies or entities, including the FERC, CPUC and all divisions thereof, and the CAISO, SCE’s Procurement Review Group (the “PRG”), a group of non-market participants including members of the CPUC, and SCE’s Cost Allocation Mechanism Group (“CAM”), and other governmental agencies and consumer groups established by the CPUC in Decision 00-00-000. Neither SCE nor the Independent Evaluator shall have any liability whatsoever to Seller in the event of any unauthorized use or disclosure by a regulatory or governmental agency or entity including without limitation the FERC, the CPUC and all divisions thereof, the PRG, CAM or the CAISO of any Confidential Information or other information disclosed to whom it improperly discloses any of them by SCE or the Independent Evaluator. SCE and the Independent Evaluator may also disclose Confidential Information to any Governmental Authority or to any third party to the extent necessary to comply with any Applicable Laws, and any applicable regulation, decision, rule, subpoena or order of the CPUC, CEC, FERC, any administrative agency, legislative body or other tribunal (other than those entities set forth in Section 29.02(c)), any exchange, Control Area or CAISO rule, or any discovery or data request of a party to any proceeding pending before any of the foregoing. The Parties may disclose Confidential Information to the extent necessary to comply with any subpoena or order of court or judicial entity having jurisdiction over the disclosing Party (other than those entities set forth in Section 29.02(b)), or in connection with a discovery or data request of a party to any proceeding before any of the foregoing. Buyer may disclose the Product or any applicable portion of the Product, including any amounts of Flexible Capacity and Inflexible Capacity, under this Agreement to any Governmental Authority, the CPUC, the CAISO in order to support its Compliance Showings, if applicable, and Seller may disclose the transfer of the Product and the applicable Expected Contract Quantity and any amounts of Flexible Capacity and Inflexible Capacity for each day of each Showing Month during any RA Delivery Period under this Agreement to the SC of each Storage Unit in order for such SC to timely submit accurate Supply Plans; provided, that each disclosing Party shall use reasonable efforts to limit, to the extent possible, the ability of any such applicable Governmental Authority, CAISO, or SC to further disclose such information. In addition, in the event Buyer resells all or any portion of the Product to another party or the Product is to be provided to another party in accordance with Section 1.01(f), Buyer shall be permitted to disclose to the other party to such transaction all such information necessary to effect such transaction. Duty to Seek Protection. In connection with requests or orders to produce Confidential Information protected by this Agreement in the circumstances provided in Section 29.02(c) (by deposition, interrogatories, requests for information or documents, subpoena, order or similar legal process) each Party (i) will promptly notify the other Party of the existence, terms, and circumstances of such requirement(s) so that such other Party may seek an appropriate protective order or waive compliance with the provisions of this Agreement, and (ii) will, and will cause its Representatives to, cooperate fully with such other Party in seeking to limit or prevent such disclosure of such Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired If a Party or upon the request of the Power Producer. (b) If the Purchaser provides confidential informationits Representatives are, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course written opinion of performing under the Agreement its legal counsel, and notwithstanding compliance with Section 29.03(a) compelled to make disclosure in response to a requirement described in Section 29.03(a) or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaserstand liable for contempt or suffer other penalty, the Power Producer shall (a) protect compelled person may disclose only that portion of the Confidential Information from disclosure protected by this Agreement which it is legally required to third parties with disclose and will exercise its best efforts to obtain reliable assurance that confidential treatment will be accorded to the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such disclosed Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the protected by this Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer SPD provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the financing, design, operation and maintenance of the System ("Confidential Information") to Purchaser Buying Entity or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser Buying Entity learns Confidential Information regarding the facilities or plans of the Power ProducerSPD, Purchaser shall Buying Entity shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser Buying Entity may provide such Confidential Information to its officers, directors, managermanagers, employees and Affiliates (collectively collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information Confidential Information shall be informed by Purchaser Buying Entity of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser Buying Entity shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer SPD and shall be returned to. It to it after PurchaserBuying Entity's need for it has expired or upon the request of the Power ProducerSPD. (b) If the Purchaser Buying Entity provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer SPD or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer SPD learns Confidential Information regarding the facilities Or or plans of the PurchaserBuying Entity, the Power Producer SPD shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer SPD may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer SPD of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer SPD shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser Buying Entity and shall be returned to it after the Power ProduceSPD's need for it has expired or upon the request of the PurchaserBuying Entity.

Confidentiality Obligation. (a) If the Power Producer SPD provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Solar Power ProducerDeveloper, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer SPD and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Solar Power Producer. (b) Developer. If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer SPD or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer SPD learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer SPD shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.and

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationLICENSEE shall hold, and / shall cause its Affiliates to hold, all Know-How disclosed to it under this Agreement in confidence at all times during and after the term of this Agreement and each party shall require each of its employees and 03/09/94/RRI/09152/001/AGREE-11/71484.1 consultants, and the employees and consultants of its Affiliates, having access to Know-How relating to the Licensed Products or technical information regarding the component parts thereof to enter into an agreement whereby each such employee or consultant agrees to hold such Know-How in confidence at all times, designand agrees not to compete with LICENSOR or LICENSEE either during his employment or engagement and for a three (3) year period thereafter, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course event such time period is not enforceable, then a reasonable period as agreed by a judicial body within the Territory. Other measures to be taken by LICENSEE and its Affiliates to hold Know-How in confidence shall be subject to the review and approval of performing under LICENSOR. LICENSOR shall have the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producerright, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance event of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any a violation or breach of this Section 7.1 by LICENSEE, its Affiliates, employees, or consultants, to seek and obtain specific enforcement of the provisions of this Section; and to commence an action, in LICENSEE's name and stead. against any party with whom LICENSEE has a confidentiality agreement as required by this Section if such party breaches any provision of such agreement and if LICENSEE for any reason elects not to enforce such provision. The obligations regarding confidentiality contained hereinabove shall not apply to any Know-How that; (i) is at the time of disclosure generally available to the public; 128 (ii) becomes generally available to the public through no breach of confidentiality obligations by the party to whom the disclosure is made or by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain of its Affiliates or the property employees or consultants of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request any of the Power Producer.them; or (biii) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") is disclosed to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed receiving party by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision another party not bound by any entity to whom it improperly discloses Confidential Informationconfidentiality obligation. All Confidential Information An individual feature of Know-How shall remain not be considered within the property above exceptions merely because the feature is embraced by more general information within the exceptions. A combination of features of Know-How shall not be considered within the Purchaser above exceptions unless the combination itself and shall be returned to it after its principle of operation are within the Power Produce's need for it has expired or upon the request of the Purchaserexceptions.

Confidentiality Obligation. Beginning on the Original Effective Date and continuing throughout the term of this Agreement and thereafter for a period of [***], neither party will at any time, without the express prior written consent of the other, use, disclose or otherwise make known or available to any third party any Confidential Information of the other party. Notwithstanding the foregoing, (ai) If Licensee, as the Power Producer provides confidential informationreceiving party of University’s Confidential Information, shall be permitted to use such Confidential Information as reasonably necessary to exercise its rights, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationits licensed rights under the Licensed Patents and Licensed Know-How granted hereunder, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded perform its own confidential and proprietary informationobligations hereunder, and (bii) refrain from using such University, as the receiving party of Licensee’s Confidential Information, except in shall be permitted to use such Confidential Information as reasonably necessary to enforce its rights hereunder (respectively, (i) and (ii), the negotiation and performance “Purpose”). The receiving party will utilize reasonable procedures to safeguard the Confidential Information of the Agreementdisclosing party, including releasing such Confidential Information only to its employees, consultants, attorneys, advisors, agents, or Affiliates, and with respect to Licensee, its Sublicensees or third party contract research organizations, collaborators, service providers or manufacturers, on a reasonable “need-to-know” basis, solely for the Purpose. In addition, Licensee is authorized to release Confidential Information of University to (i) potential Sublicensees for the purpose of negotiating and granting a Sublicense and (ii) potential investors in Licensee or its Affiliates, provided that Licensee takes reasonable precautions to safeguard such Confidential Information of University. Moreover, Licensee shall be entitled to disclose Confidential Information in patent filings and other government regulatory filings such as but not limited to FDA filings without the prior consent from University. Notwithstanding the above, Purchaser may provide such foregoing the restrictions of this Article 5.2 do not apply to Confidential Information required to its officersbe disclosed by court order or operation of law, directors, manager, employees and Affiliates provided that receiving party (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information"i) to the Power Producer or, if in extent possible first gives prompt written notice of such disclosure requirement to the course of performing under the Agreement disclosing party so as to enable disclosing party to seek any limitations on or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information exemptions from such disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, requirement and (bii) refrain from using reasonably cooperates at disclosing party’s request in any such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed efforts by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserdisclosing party at disclosing party’s costs.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationLICENSEE shall hold, and / shall cause its Affiliates to hold, all Know-How disclosed to it under this Agreement in confidence at all times during and after the term of this Agreement and each party shall require each of its employees and consultants, and the employees and consultants of its Affiliates, having access to Know-How relating to the Licensed Products or technical information regarding the component parts thereof to enter into an agreement whereby each such employee or consultant agrees to hold such Know-How in confidence at all times, designand agrees not to compete with LICENSOR or LICENSEE either during his employment or engagement and for a three (3) year period thereafter, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course event such time period is not enforceable, then a reasonable period as agreed by a judicial body within the Territory. Other measures to be taken by LICENSEE and its Affiliates to hold Know-How in confidence shall be subject to the review and approval of performing under LICENSOR. LICENSOR shall have the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producerright, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance event of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any a violation or breach of this Section 7.1 by LICENSEE, its Affiliates, employees, or consultants, to seek and obtain specific enforcement of the provisions of this Section; and to commence an action, in LICENSEE's name and stead. against any party with whom LICENSEE has a confidentiality agreement as required by this Section if such party breaches any provision of such agreement and if LICENSEE for any reason elects not to enforce such provision. The obligations regarding confidentiality contained hereinabove shall not apply to any Know-How that; (i) is at the time of disclosure generally available to the public; (ii) becomes generally available to the public through no breach of confidentiality obligations by the party to whom the disclosure is made or by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain of its Affiliates or the property employees or consultants of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request any of the Power Producer.them; or (biii) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") is disclosed to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed receiving party by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision another party not bound by any entity to whom it improperly discloses Confidential Informationconfidentiality obligation. All Confidential Information An individual feature of Know-How shall remain not be considered within the property above exceptions merely because the feature is embraced by more general information within the exceptions. A combination of features of Know-How shall not be considered within the Purchaser above exceptions unless the combination itself and shall be returned to it after its principle of operation are within the Power Produce's need for it has expired or upon the request of the Purchaserexceptions.

Confidentiality Obligation. 1.1 For the purposes of this Agreement the trade secret (ahereinafter the Trade Secret) If means all information possessed by or developed for the Power Producer provides Disclosing Party to which all of the following apply: 1.1.1 the information derives independent economic value from not being generally known and 1.1.2 the Disclosing Party takes reasonable precautions to prevent such information from being disclosed to the public. 1.2 For the purpose of this Agreement confidential information (hereinafter the Confidential Information) means information, including business plansto the extent it is not Trade Secret, strategieswhich is possessed by the Disclosing Party and which relates to the Disclosing Party, financial informationincluding, proprietarywithout limitation, patentedinformation relating to the Disclosing Party and its present and future business, licensedservices, copy righted or trademarked informationoperations, capabilities, assets (incl. used technologies, information regarding intellectual property, data systems etc.) and liabilities, and / or technical also any other data and information regarding the , design, operation and maintenance that should reasonably be recognized as confidential information of the System ("Disclosing Party and which is disclosed or otherwise made available, directly or indirectly, by the Disclosing Party, either in oral, written, electronic or any other form, and provided that the Disclosing Party applies necessary means to keep such information secret. Furthermore, the Parties hereby agree that Confidential Information") Information includes, specifically: 1.3 The Confidential Information need not be unique, novel, patentable or copyrightable in order to Purchaser or, if be designated as Confidential Information in the course meaning of performing this Agreement. 1.4 The Parties apply all means as needed to keep the Trade Secret and Confidential Information secret. For this purpose, amongst others, the Receiving Party: 1.4.1 shall not disclose, directly or indirectly, Confidential Information or Trade Secret to any third parties, without a prior written consent of the Disclosing Party, and shall also not make such disclosure anyhow possible, except for the disclosure as expressly allowed under this Agreement. The Receiving Party shall ensure that it discloses the Agreement Confidential Information or Trade Secret only to those of its employees and advisors, to whom, and to the extent of which, such disclosure is necessary for negotiating the Agreement Purchaser learns Transaction, and it shall also ensure that its employees and advisors, who are granted access to the Confidential Information regarding or Trade Secret, will comply with the facilities or plans of confidentiality obligations as defined herein. It is agreed that the Power Producer, Purchaser Receiving Party shall (a) protect the always treat Confidential information from disclosure to third parties Information and Trade Secret at least with the same degree of diligence and care accorded as its own confidential information and proprietary informationtrade secret, but in any case not less than with a reasonable degree of diligence and care; and 1.4.2 shall use the Confidential Information or Trade Secret of the Disclosing Party only for deciding whether to continue with the negotiations and enter into the Transaction, and it shall ensure that Confidential Information or Trade Secret will not be used for any other purpose or in a manner which may harm the interests or reputation of the Disclosing Party. 1.5 The obligations above shall not extend to any of the following information (b) refrain from using but only in the extent that the Receiving Party can prove that such information is within the following exceptions): 1.5.1 information which was in the Receiving Party’s possession prior to the disclosure by the Disclosing Party; 1.5.2 information which can be shown to have been independently developed by the Receiving Party without access to the Confidential Information; 1.5.3 information which is at the time of disclosure generally available to the public, except in or thereafter becomes generally available to the negotiation public, by publication or otherwise, through an authorized source and performance not as a result of any act or failure to act on the part of the Agreement. Notwithstanding Receiving Party; or 1.5.4 information which is required to be disclosed under the applicable law or by court order, provided that the disclosure is strictly limited to the information that is necessary to comply with such law or order and the Disclosing Party is promptly informed of such request and is enabled an opportunity to seek appropriate protective measures or is otherwise consulted with. 1.6 If only a portion of the Confidential Information or Trade Secret falls within at least one of the exceptions set forth above, Purchaser may provide such the remainder of the Confidential Information or Trade Secret shall continue to its officers, directors, manager, be subject to the confidentiality obligations. 1.7 The Receiving Party shall ensure compliance with the confidentiality obligations by any employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of advisers to whom it passes on the Agreement. Each such recipient of confidential information Confidential Information or Trade Secret and the Receiving Party shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be remain fully liable towards the Disclosing Party for any breach of this provision Agreement by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseradvisers.

Confidentiality Obligation. (a) If Disclosures of Confidential Information shall be subject to the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationfollowing obligations of confidentiality and non-use. The Receiving Party shall hold in strict confidence Confidential Information received from the Disclosing Party and/or its Affiliates, and / shall not distribute, disclose or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns disseminate Confidential Information regarding to any third party, or anyone not authorized hereunder; The Receiving Party shall not use Confidential Information for any purpose other than the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary informationPurpose, and (b) refrain from using shall not otherwise use or exploit such Confidential Information, except in whether for its own benefit or the negotiation and performance benefit of another, without the prior written consent of the AgreementDisclosing Party which consent may be withheld for any reason or for no reason at all.; The Receiving Party shall not use Confidential Information in its own operations, without the prior written consent of the Disclosing Party. Notwithstanding the above, Purchaser which consent may provide such be withheld for any reason or for no reason at all; The Receiving Party shall restrict access and use of Confidential Information to those of its directors, officers, directorsemployees, manageragents and consultants who have a definable need to know in order to facilitate the Purpose. The Receiving Party may disclose Confidential Information to members of its parent company, employees affiliates and Affiliates consultants who have a definable need to know, provided, prior to disclosure, such entity agrees in writing to be bound by the terms of this Agreement. The Receiving Party shall be responsible to the Disclosing Party for any improper disclosure or use of Confidential Information by such persons. The Receiving Party shall carefully manage all the materials provided by the Disclosing Party and not lose or damage them. The Receiving Party shall be liable if the confidential materials are lost or damaged due to its poor management. The Receiving Party shall be held joint liability when the Person listed in clause 2(d) discloses the Confidential Information to third party; The Receiving Party shall meanwhile ensure that the Person listed in clause 2(d) will not reproduce the technologies under this Agreement through memory or other illegal means and / or apply them for patents related to intellectual rights or other commercial purpose; If the Receiving Party generates an internal work product containing Confidential Information (collectively "Representatives"including, without limitation, notes, extracts, paraphrased texts and references from which the substance of Confidential Information may be implied or otherwise understood), in each case whose access is reasonably necessary for purposes of the Agreement. Each then such recipient of confidential information internal work product shall be informed governed by Purchaser of its confidential nature this Agreement and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses treated as Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) . If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power ProduceProducer's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If Each party acknowledges that, in the Power Producer provides -------------------------- course of performing its duties under this Agreement, it may receive information relating to the other party which the receiving party knows, or has reason to know is of a confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System and/or proprietary nature ("Confidential Information") to Purchaser ). Such Confidential Information may include, but is not limited to, the terms and conditions of this Agreement, minimum price guidelines, future product releases, trade secrets, know-how, inventions, techniques, processes, programs, schematics, software, data, pricing and discount schedules, customer lists, financial information and business, sales and marketing plans. To be treated as Confidential Information, information disclosed in written form must be marked "Confidential" at the time of disclosure or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns disclosed orally, must be designated as "Confidential". Any information relating to Trio Code shall be treated as Company's Confidential Information regarding unless Xxxxxxx.xxx exercises the facilities or plans Option to Purchase, in which event such information shall be deemed to be Xxxxxxx.xxx's Confidential Information, without the necessity of being marked as "Confidential". The receiving party shall at all times both during the Power Producer, Purchaser shall term of this Agreement and all times thereafter (a) protect the Confidential information from disclosure to third parties with take the same degree of care accorded that it uses to protect its own confidential and proprietary informationinformation of similar nature and importance (but in any event no less than reasonable care) in order to protect the confidentiality of, and avoid the unauthorized use, disclosure, publication or dissemination of the Confidential Information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide not use such Confidential Information for any purposes other than as may be reasonably necessary for the performance of its duties or enjoyment of its rights hereunder. The receiving party shall not disclose any Confidential Information to its officers, directors, manager, any person or entity other than to the receiving party's employees and Affiliates (collectively "Representatives"), in each case whose access is or consultants as may be reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser performing its duties or enjoyment of its confidential nature rights hereunder; provided that such employees and shall be directed to treat such information confidentially consultants have first entered into agreements at least as protective of the Confidential Information as the terms and shall agree to abide by these provisions. Purchaser shall be liable for any breach conditions of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, Section 6 ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business includingbusiness plans, strategies, financial information, proprietary, patented, ,licensed, copy righted or trademarked information, and / or technical information technicalinformation regarding the , design, operation and maintenance of the System theSystem ("Confidential Information") to Purchaser or, if in the course of performing ofperforming under the Agreement or negotiating the Agreement Purchaser AgreementPurchaser learns Confidential Information regarding the facilities or plans orplans of the Power Producer, Purchaser shall (a) protect theConfidential information from disclosure to third parties with the samedegree of care accorded its own confidential and proprietaryinformation, and (b) refrain from using such Confidential Information,except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such ConfidentialInformation to its officers, directors, manager, employees and Affiliates(collectively "Representatives"), in each case whose access isreasonably necessary for purposes of the Agreement. Each suchrecipient of confidential information shall be informed by Purchaser ofits confidential nature and shall be directed to treat such informationconfidentially and shall agree to abide by these provisions. Purchasershall be liable for any breach of this provision by any entity to whom itimproperly discloses Confidential Information. All ConfidentialInformation shall remain the property of the Power Producer and shallbe returned to. It after Purchaser's need for it has expired or upon therequest of the Power Producer. (b) If the Purchaser provides confidential information, including businessplans, strategies, financial information, proprietary, patented, licensed,copy righted or trademarked information, ("Confidential Information")to the Power Producer or, if in the course of performing under theAgreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of thePurchaser, the Power Producer shall (a) protect the ConfidentialInformation from disclosure to third parties with the same degree of care ofcare accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation thenegotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the abovetheabove, the Power Producer may provide such Confidential Information to Informationto its officers, directors, managers, employees and Affiliates (collectivelyAffiliates(collectively, "Representatives"), in each case whose access is reasonably isreasonably necessary for purposes of the Agreement. Each such recipient suchrecipient of Confidential. Information shall be informed by the Power Producer PowerProducer of its confidential nature and shall be directed to treat such information suchinformation confidentially and shall agree to abide by these provisions. .The Power Producer shall be liable for any breach, of this provision by any byany entity to whom it improperly discloses Confidential Information. .All Confidential Information shall remain the property of the Purchaser and Purchaserand shall be returned to it after the Power Produce's need for it has expired hasexpired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential Confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It it after Purchaser's need for it has expired or upon the request of the Power Producer. (b) . If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationLICENSEE shall hold, and / shall cause its Affiliates to hold. all Know-How disclosed to it under this Agreement in confidence at all times during and after the term of this Agreement and each party shall require each of its employees and 03/09/94/RRI/09152/001/AGREE-11/71484.1 consultants. and the employees and consultants of its Affiliates, having access to Know-How relating to the Licensed Products or technical information regarding the component parts thereof to enter into an agreement whereby each such employee or consultant agrees to hold such Know-How in confidence at all times, designand agrees not to compete with LICENSOR or LICENSEE either during his employment or engagement and for a three (3) year period thereafter, operation and maintenance of the System ("Confidential Information") to Purchaser or, if . in the course event such time period is not enforceable, then a reasonable period as agreed by a judicial body within the Territory. Other measures to be taken by LICENSEE and its Affiliates to hold Know-How in confidence shall be subject to the review and approval of performing under LICENSOR. LICENSOR shall have the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producerright, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance event of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any a violation or breach of this Section 7.1 by LICENSEE, its Affiliates, employees, or consultants, to seek and obtain specific enforcement of the provisions of this Section; and to commence an action, in LICENSEE's name and stead, against any party with whom LICENSEE has a confidentiality agreement as required by this Section if such party breaches any provision of such agreement and if LICENSEE for any reason elects not to enforce such provision. The obligations regarding confidentiality contained hereinabove shall not apply to any Know-How that; (i) is at the time of disclosure generally available to the public; (ii) becomes generally available to the public through no breach of confidentiality obligations by the party to whom the disclosure is made or by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain of its Affiliates or the property employees or consultants of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request any of the Power Producer.them; or (biii) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") is disclosed to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed receiving party by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision another party not bound by any entity to whom it improperly discloses Confidential Informationconfidentiality obligation. All Confidential Information An individual feature of Know-How shall remain not be considered within the property above exceptions merely because the feature is embraced by more general information within the exceptions. A combination of features of Know-How shall not be considered within the Purchaser above exceptions unless the combination itself and shall be returned to it after its principle of operation are within the Power Produce's need for it has expired or upon the request of the Purchaserexceptions.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance Each of the System Seller Stockholder and the Sponsor Stockholder agrees that all Company Confidential Information is proprietary and confidential to the Company. The ("x) Sponsor Stockholder (on behalf of itself, its Affiliates and its Representatives) agrees that it will not, during or after the term of this Agreement, whether through an Affiliate, Representative or otherwise, use Company Confidential Information"Information or disclose Company Confidential Information to any Person for any reason or purpose whatsoever and (y) the Seller Stockholder (on behalf of itself, its Affiliates and its Representatives) (the Sponsor Stockholder in clause (x) and the Seller Stockholder in clause (y), the “Receiving Party”) agrees that it will not, during or after the term of this Agreement, whether through an Affiliate, Representative or otherwise, use Company Confidential Information or disclose Company Confidential Information to any Person for any reason or purpose whatsoever, except, in the case of each of clauses (x) and (y): (i) to Purchaser or, if authorized representatives and employees of the Company or its Subsidiaries and as otherwise is proper in the course of performing the Receiving Party’s obligations hereunder or under any other agreement between such Receiving Party and the Agreement Company or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities its Subsidiaries, or plans as a member of the Power Producerboard of directors of any of the foregoing for the purpose of discharging such member’s fiduciary or other duties to the Company or its Subsidiaries, Purchaser shall (a) protect the Confidential information from disclosure provided such member acts in good faith and in a manner such member reasonably believes to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except be in the negotiation and performance best interests of the Agreement. Notwithstanding Company or its Subsidiaries; (ii) as part of such Receiving Party’s bona fide reporting or review procedures, or in connection with such Receiving Party’s or its Affiliates’ bona fide fund raising or marketing (subject to the aboverecipients thereof being bound by substantially similar confidentiality obligations and use restrictions as set forth herein); (iii) in accordance with Section 4.2; (iv) to such Receiving Party’s (or any of its Affiliates’) general partners, Purchaser may provide such Confidential Information to its partners, managing directors, managers, officers, directors, manageremployees, employees and Affiliates (collectively "principals, Representatives"), in each case whose access is reasonably necessary for purposes agents, auditors, attorneys or other advisors on a “need to know” basis; provided, that the Receiving Party shall notify such Persons of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature of such Company Confidential Information and shall be directed to treat its obligations hereunder and instruct such information confidentially and shall agree Persons to abide by these provisions. Purchaser shall the confidentiality and use restrictions set forth herein applicable to such Persons (unless such Persons are otherwise already bound by a duty of confidentiality to such Receiving Party), (v) to any bona fide prospective purchaser of the Receiving Party or assets of the Receiving Party or its Affiliates or the Company Shares held by such Investor Stockholder, or bona fide prospective merger partner of such Receiving Party or its Affiliates; provided, that such bona fide prospective purchaser or bona fide prospective merger partner agrees to be liable for any breach bound by the provisions of this provision Section 4.3; (vi) in connection with the performance of any party’s obligations under this Agreement; or (vii) as is required to be disclosed by order of a court of competent jurisdiction, administrative body or governmental body, or by subpoena, summons or legal process, or by law, rule or regulation (including as part of any entity governmental or regulatory investigation or review, or to whom it improperly discloses Confidential Information. All Confidential Information shall remain comply with SEC rules or regulations); provided, that the property Receiving Party required to make such disclosure shall, to the extent legally permissible, provide to the Company and the Seller Stockholder prompt written notice of the Power Producer any such requirement and shall be returned to. It after Purchaser's need for it has expired cooperate with the Company and the Seller Stockholder in seeking a protective order or upon the request of the Power Producer. (b) If the Purchaser provides confidential informationother appropriate remedy, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserextent applicable.

Confidentiality Obligation. (a) If Prior to the Power Producer provides confidential informationClosing Date and after any termination of this Agreement, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationBuyer will hold, and / will use its best efforts to cause their respective Representatives to hold, in confidence, unless compelled to disclose by applicable Law, all confidential documents and information concerning the Business or technical Seller furnished to Buyer or its Affiliates in connection with the transactions contemplated by this Agreement, except to the extent that such information regarding can be shown to have been (i) previously known on a non-confidential basis by Buyer, (ii) in the , design, operation public domain through no fault of Buyer or (iii) later lawfully acquired by Buyer from sources other than Seller; provided that Buyer may disclose such information to its Representatives in connection with the transactions contemplated by this Agreement and maintenance the Ancillary Agreements so long as such Persons are informed by Buyer of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature of such information and shall be directed are obligated to treat such information confidentially and shall agree confidentially. The obligation of Buyer to abide by these provisions. Purchaser hold any such information in confidence shall be liable for any breach satisfied if they exercise the same care with respect to such information as they would take to preserve the confidentiality of their own similar information. If this provision Agreement is terminated, Buyer will, and will use its best efforts to cause its Representatives to, in its own discretion choose to destroy or deliver to Seller, upon request, all documents and other materials, and all copies thereof, obtained by any entity Buyer or on its behalf from Seller in connection with this Agreement or the Ancillary Agreements that are subject to whom it improperly discloses Confidential Informationsuch confidence. All Confidential Information shall remain Upon Closing, the property obligations of the Power Producer and Parties under this Section 5.10 shall be returned to. It after Purchaser's need for it has expired or upon the request such that (i) all confidential information of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") Seller Group relating to the Power Producer orPurchased Assets, if Target Companies, Assumed Liabilities, Transferred Employees or the Business (other than confidential information included in the course Excluded Assets or Excluded Liabilities) shall constitute confidential information of performing under the Agreement Buyer, irrespective of whether such information was identified or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential otherwise designated as “confidential,” and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information Non-Buyer Party shall be informed by deemed the Power Producer recipient or receiving party in respect of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain Buyer the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.disclosing party with respect thereto; (ii) with ASIA 34949044 61

Confidentiality Obligation. (a1) If the Power Producer provides confidential informationThe existence, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationhistory, and / or technical information regarding the , design, operation and maintenance details of the System ("Confidential Information") negotiations relating to Purchaser orthe Agreement, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans existence and details of the Power ProducerAgreement, Purchaser shall and any other information (awhether disclosed orally or in writing (including magnetic / computer tapes or any other recording media of any type)) protect disclosed by the Confidential information from disclosure to third parties other party in connection with the same degree of care accorded its own confidential and proprietary informationnegotiation, and (b) refrain from using such Confidential Informationconclusion, except in the negotiation and or performance of the Agreement, whether or not provided before or after the Execution Date) shall be hereinafter referred to as the “Confidential Information”. Notwithstanding The Right Holder and the aboveIssuing Company shall use the Confidential Information only for the purpose under the Agreement and shall not disclose or divulge to any third party without a written consent in advance of the other party. Provided, Purchaser may provide such however, that this shall not be applied to cases where (i) each party hereto disclose the Confidential Information to its officers, directorsemployees, manageradvisers, employees and Affiliates or agents on its own responsibility (collectively "Representatives"subject to the same legal or contractual confidentiality obligation as those under this Article), in each case whose access and (ii) the disclosure is reasonably necessary for purposes made to domestic or foreign securities exchanges, the Japan Securities Dealers Association, the Securities Dealers Association of the AgreementUnited States, the U.S. Securities and Exchange Commission, securities companies, other related organizations, financial institutions, advisers, etc. Each such recipient pertaining to listing on securities exchanges in connection with the examination for listing securities issued by the Issuing Company on domestic or foreign securities exchanges. (2) Notwithstanding the provisions of confidential the preceding paragraph, in case of falling under any of the followings, the information shall not be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses included in the Confidential Information. All Confidential : (a) Information shall remain the property that is already in public as of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer.receipt (b) If Information that has become in public after the Purchaser provides confidential informationreceipt for causes not attributable to the recipient (c) Information lawfully obtained from a third party without any confidentiality obligation (d) Information already possessed rightfully before the disclosure (e) Information acquired independently and lawfully, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("regardless of the Confidential Information" (3) to Notwithstanding the Power Producer orprovisions of paragraph (1), if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect each Party may disclose the Confidential Information from disclosure to third parties the extent required by the orders or requests of (i) domestic and foreign treaties, laws, ordinances, regulations (including, but not limited to, regulations of financial instruments exchanges or securities dealers’ associations), and orders, treaties, administrative guidance, notices, and guidelines (hereinafter collectively referred to as “Laws and Regulations”) or (ii) domestic and foreign courts, arbitrators, arbitral institutions, regulatory institutions, enforcement institutions, investigative institutions, supervisory authorities, and other judicial authorities, as well as the State, local governments, and other public institutions and administrative authorities, financial instruments exchanges, and other self-regulatory organizations. In this case, the disclosing party of the Confidential Information shall, to the extent reasonably possible under the Laws and Regulations and in practice, notify the other party in advance and consult with the same degree other party on how to respond thereto. In case of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except being unable to give the notice in the negotiation and performance of the Agreement. Notwithstanding the aboveadvance, the Power Producer may provide such disclosing party shall promptly notify the other party after the fact that the Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserbeen disclosed.

Confidentiality Obligation. The Consultant may be furnished with or otherwise given access to certain proprietary or confidential information relating to the business affairs and operations of the Company. This information includes, but is not limited to, proprietary or confidential information related to the Company’s business plans and strategies, results of operations, acquisition targets, growth and new markets, and other business development activity, as well as financial forecasts (any such information furnished to the Consultant, including information derived therefrom, with the exceptions set forth below, is herein referred to as “Confidential Information”). The Consultant agrees to treat this Confidential Information as follows: (a) If Consultant agrees that the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding Confidential Information will not be furnished to any other person except with the , design, operation and maintenance express written consent of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the AgreementCompany. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon Upon the request of the Power ProducerCompany, Consultant will return all copies of any of the Confidential Information, in whatever medium, including any reports, notes, summaries or any other materials that include any of the Confidential Information, are based on or derived from the Confidential Information or were developed using the Confidential Information. (In the case of summaries, notes, and similar materials or extracts prepared by the Consultant, the Consultant may destroy such materials in lieu of returning them to the Company.) (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, Consultant agrees that ("Confidential Information"he/she) to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect will not use the Confidential Information in any manner except in respect of the activities contemplated hereby. (c) The obligation of confidentiality and limited use does not apply to any information which: (i) is or becomes generally available through no fault of Consultant; (ii) is already known by Consultant prior to disclosure hereunder, or (iii) is subsequently acquired by Consultant from disclosure a source who, to third parties Consultant’s knowledge, was not in breach of an obligation of confidentiality to the Company in respect thereof. (d) In the event that Consultant is compelled by legal process to disclose any Confidential Information, Consultant shall first notify the Company and cooperate with the same degree Company in limiting the scope of care accorded its own confidential the disclosure, and proprietary informationotherwise obtaining protective treatment for the Confidential Information. In the event that, in the absence of a protective order or receipt of a waiver from the Company, the Consultant is compelled to disclose any of the Confidential Information by virtue of legal process, Consultant may disclose such Confidential Information without liability provided that Consultant (i) prior to such disclosure, advise and consult with the Company, and (bii) disclose only that portion of the Confidential Information that Consultant believes is reasonably required to comply with the legal process. (e) Consultant understands that the Confidential Information may contain material, non-public information relative to WestRock Company, Company’s parent corporation. Consultant agrees that Consultant will refrain from using disclosing any such Confidential Informationmaterial, except in the negotiation and performance of the Agreement. Notwithstanding the abovenon-public information, the Power Producer may provide or otherwise acting on any such Confidential Information to its officersmaterial, directors, managers, employees and Affiliates (collectively, "Representatives")non-public information, in each case whose access is reasonably necessary for purposes violation of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breachapplicable laws, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired rules or upon the request of the Purchaserregulations.

Confidentiality Obligation. (a) If the Power Producer either Party provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted copyrighted or trademarked information, and / or and/or technical information regarding the financing, design, operation and maintenance of the a System or of Purchaser’s business ("“Confidential Information"”) to Purchaser the other or, if in the course of performing under the or negotiating this Master Agreement or negotiating the Agreement Purchaser any SPPA, a Party learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaserother Party, the Power Producer receiving Party shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary informationinformation (but in no event less than a reasonable degree of care), and (b) refrain from using such Confidential Information, except in the negotiation and performance of this Master Agreement and any applicable SPPA. For the Agreementavoidance of doubt, the information in the Exhibits and Schedules of the Master Agreement or any SPPA, as applicable, are considered by Provider to be trade secrets and are thus exempt for purposes of any applicable Freedom of Information Act or other Applicable Laws which may appropriately apply to Purchaser. Notwithstanding the above, the Power Producer a Party may provide such Confidential Information to its officers, directors, members, managers, employees employees, agents, contractors, accountants, attorneys, and consultants, and Affiliates, Lenders, Financing Parties and potential assignees of this Master Agreement or an SPPA or acquirers of Provider or its Affiliates (provided and on condition that such potential assignees be bound by a written agreement restricting use and disclosure of Confidential Information) (collectively, "“Representatives"”), in each case whose access is reasonably necessary for purposes to the negotiation and performance of the Agreement. Each such recipient of Confidential. Confidential Information shall be informed by the Power Producer Party disclosing Confidential Information of its confidential nature and shall be directed legally obligated to treat keep such information confidentially and shall agree to abide by these provisionsconfidential. The Power Producer In any event, each Party shall be liable (with respect to the other Party) for any breach, breach of this provision by any entity to whom it that Party improperly discloses Confidential Information. All To the extent permitted by Applicable Law, the terms of this Master Agreement and each SPPA (but not the execution or existence of such agreement) shall be considered Confidential Information shall remain the property for purposes of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaserthis Article, except as set forth in Section 16.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from informationfrom disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after PurchaserXxxxxxxxx's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If The Recipient hereby undertakes and guarantees that it shall strictly keep and maintain the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, secrecy and / or technical information regarding the , design, operation and maintenance confidentiality of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding received, orally, in writing or in electronic form, by the facilities or plans of Recipient and shall implement strict protection measures. The Recipient shall establish appropriateness internal control mechanisms and conduct audit periodically and non-periodically. Except the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser Recipient may provide such the Confidential Information to its officersit representatives, directorsagents, manageremployees, employees and Affiliates (collectively "Representatives"), personnel or consultants in each case whose access is reasonably necessary for purposes of connection with the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed Sale who have a need to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaserknow, the Power Producer Recipient shall (a) protect not disclose, reveal or deliver the Confidential Information from disclosure to any third parties party without Discloser’s prior written consent. If the Recipient is required to disclose the Confidential Information according to the laws and regulations, order or request of a court or competent authority, the Recipient shall immediately notify the Discloser to the extent permitted by law in order to take the necessary protective measures. The Recipient guarantees that its related parties, representatives, agents, employees, personnel or consultants shall strictly comply with confidentiality obligation in this Undertaking. The Confidential Information received by the Recipient may be used only for the purpose of conducting the assessment of the Sale. The Recipient shall not damage, tamper, transcribe, copy or reproduce all or part of the Confidential Information and shall not transfer or assign the right to acquire the Confidential Information or its confidentiality obligations to any third party without the Discloser’s prior written consent. If the Recipient fails the transaction of the Sale with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except Discloser for any reason cannot be reached in the negotiation and performance of the Agreement. Notwithstanding the aboveSale, or this Undertaking is early terminated or rescinded, the Power Producer may provide such Recipient shall, upon receiving a written notice from the Discloser, immediately return all Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), the Discloser or destroy the Confidential Information in each case whose access is reasonably necessary for purposes accordance with the instructions of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisionsDiscloser. The Power Producer Recipient shall be liable for not retain any breacharchival copy, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired photocopy, electronic records or upon the request of the Purchasercomputer files.

Confidentiality Obligation. (a) If Except as provided in Section 6.4, for a period commencing June 10, 2006 and ending on the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance fifth anniversary of the System ("Confidential Information") to Purchaser orexpiration of the Term of the Agreement, if in the course Receiving Party shall treat as confidential all of performing under the Agreement or negotiating the Agreement Purchaser learns Disclosing Party's Confidential Information regarding and shall not use such Confidential Information for any purpose whatsoever other than for the facilities or plans of purposes set forth herein, except as expressly otherwise permitted under this Agreement. Without limiting the Power Producerforegoing, Purchaser the Receiving Party shall (a) protect the Confidential information from disclosure to third parties with use the same degree of care accorded and means that it utilizes to protect its own confidential information of a similar nature, but in any event not less than reasonable care and proprietary informationmeans, and (b) refrain from using such Confidential Information, except in to prevent the negotiation and performance unauthorized use or the disclosure of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officersThird Parties. The Confidential Information may be disclosed only to employees or contractors of the Receiving Party with a "need to know" who are instructed and agree not to disclose the Confidential Information and not to use the Confidential Information for any purpose, directorsexcept as set forth herein; provided, manager, employees and Affiliates (collectively "Representatives")however, in the case of Dyadic, the term "employees or contractors of a Receiving Party" shall include employees of each case whose access of those of Dyadic’s independent contractor research organizations with whom Dyadic has written agreements pursuant to which such independent contractor research organization is reasonably necessary for purposes bound by an obligation of the Agreement. Each confidence to Dyadic that makes such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be independent contractor research organization liable for any breach by its employees of those confidentiality obligations to Dyadic. The Receiving Party shall have appropriate written agreements with any such employees or independent contractor research organizations sufficient to comply with the provisions of this provision by Agreement. A Receiving Party may not alter, decompile, disassemble, reverse engineer, or otherwise modify any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain received hereunder and the property mingling of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with information of the Receiving Party shall not affect the confidential nature or ownership of the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaseras stated hereunder.

Confidentiality Obligation. (a) If During the Power Producer provides confidential informationterm of this License Agreement and thereafter, including business plansexcept as expressly provided below, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationeach of Haemonetics and CoraMed shall keep in strictest confidence, and / or technical information regarding shall cause its employees and agents, to keep in strictest confidence, (i) the existence, designsource, operation content and maintenance substance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans Source Code of the Power Producer, Purchaser shall (a) protect Licensed Software and the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary informationLicensed Know-How, and (bii) refrain from using any information in reports delivered pursuant to Paragraph 2.5 of Schedule B attached hereto and any information disclosed under an Audit conducted in accordance with, and as defined under, Paragraph 2.7 of Schedule B attached hereto (such information disclosed in this clause (ii), collectively, “Confidential Financial Information, except in the negotiation and performance ”). No Party hereto nor its sublicensees shall use any such Source Code of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes Licensed Software nor any of the Agreement. Each such recipient of confidential information shall be informed by Purchaser Licensed Know-How other than for its own benefit, the benefit of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach permitted Affiliates or the benefit of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producerits sublicensees. (b) If During the Purchaser provides confidential informationterm of this License Agreement and thereafter, including business plansexcept as expressly provided below, strategiesCoraMed shall keep in strictest confidence, financial informationand shall cause its employees and agents, proprietaryto keep in strictest confidence, patentedthe content and substance of the Source Code included in the Haemonetics Licensed Software and the Confidential Financial Information. Neither CoraMed nor its sublicensees shall use any such Source Code included in the Haemonetics Licensed Software other than for its own benefit or the benefit of its sublicensees or such Confidential Financial Information other than for the purpose for which such Confidential Financial Information was provided. (c) No Party hereto shall disclose the Source Code of the Licensed Software or Licensed Know-How to any party, licensedother than furnishing such Source Code of the Licensed Software or Licensed Know-How to its or its sublicensees’ employees, copy righted or trademarked informationconsultants, ("Confidential Information") to the Power Producer manufacturers, investors, potential acquirers, professional advisers and other Third Parties; provided that such employees, consultants, manufacturers, investors, acquirers, professional advisers and other Third Parties are bound by written agreements or, if in the course case of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans professional advisers, ethical duties, respecting such Source Code of the PurchaserLicensed Software or Licensed Know-How in accordance with the terms of this Section 13. (d) CoraMed shall not disclose the Source Code included in the Haemonetics Licensed Software to any party, other than furnishing such Source Code included in the Power Producer Haemonetics Licensed Software to its or its sublicensees’ employees, consultants, manufacturers, investors, potential acquirers, professional advisers and other Third Parties; provided that such employees, consultants, manufacturers, investors, acquirers, professional advisers and other Third Parties are bound by written agreements or, in the case of professional advisers, ethical duties, respecting such Source Code included in the Haemonetics Licensed Software in accordance with the terms of this Section 13. (e) CoraMed shall (a) protect not disclose the Confidential Financial Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary informationany party, and (b) refrain from using other than furnishing such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Financial Information to its officersemployees, directorspotential investors, managersinvestors, employees potential acquirers and Affiliates (collectivelyprofessional advisers; provided that such employees, "Representatives")investors, acquirers and professional advisers are bound by written agreements or, in each the case whose access is reasonably necessary for purposes of professional advisers, ethical duties, respecting such Confidential Financial Information in accordance with the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, terms of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the PurchaserSection 13.

Confidentiality Obligation. (a) If a. All information obtained by one party from the Power Producer provides confidential informationother or disclosed to one party by the other, including and any related information that may arise out of discussions between the Parties, is considered “Confidential Information” to the extent set forth in this Section 18. “Cerus Confidential Information” includes, but is not limited to, trade secrets, inventions, ideas, patent applications, processes, formulas, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques, information regarding present and future products, marketing and selling, business plans, strategiesbudgets and unpublished financial statements, licenses, information relating to supply [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. chain management and operations in general and, in particular, production, scheduling, planning, forecasting, Purchase Orders (including volume requirements and delivery schedules), transportation, storage, handling, inventory, quality assurance, Specifications, prices and costs, suppliers, subcontractors, distributors, agents, customers, and investors, whether disclosed in oral, written, graphic or electronic form. “NOVA Confidential Information” includes, but is not limited to, NOVA’s proprietary manufacturing processes, trade secrets, patents, information regarding present and future products, suppliers, distributors, agents, customers, and financial information, proprietarywhether disclosed in oral, patentedwritten, licensedgraphic, copy righted or trademarked informationelectronic form. b. Nothing herein shall be construed to require NOVA to disclose any of its Confidential Information to CERUS, or to require CERUS to accept such Confidential Information, and / or technical information regarding CERUS shall make no undertaking thereto. Notwithstanding the foregoing, designNOVA may wish to disclose any such Confidential Information to CERUS. In such case, operation and maintenance NOVA shall provide CERUS with a brief non-confidential description of the System ("nature of the information it wishes to disclose to CERUS. In the event CERUS elects to receive such Confidential Information") , the Parties shall enter into a separate secrecy agreement that sets forth the terms for the disclosure of such Confidential Information. c. Each party agrees to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns maintain all Confidential Information regarding the facilities or plans of the Power Producerother party in trust and confidence, Purchaser shall (a) protect not to disclose any Confidential Information of the Confidential information from disclosure other party to any third parties with the same degree of care accorded its own confidential and proprietary informationparty, and (b) refrain from using not to use any such Confidential Information, except in to those specific employees within its immediate organization (excluding affiliated entities) who have a need to know the negotiation particular information to perform this Manufacturing Agreement and performance who are bound by obligations of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producerconfidentiality. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. (a) If In connection with Recipient's evaluation of the Power Producer provides confidential informationProperties and the Transaction, Company or its Representatives may disclose to Recipient and its Representatives certain Information pursuant to this Agreement. In consideration of any disclosure of Information, Recipient shall, except as otherwise provided in Sections 4 and 5 of this Agreement: treat the Information as strictly confidential, and shall not sell, trade, publish or otherwise disclose the Information to anyone in any manner whatsoever, including by means of photocopy, reproduction or electronic media, without Company's prior written consent; not use the Information for any purpose other than in connection with the Transaction; and not disclose the fact that: (i) Information exists or has been made available to Recipient, (ii) Company or Recipient is performing the Transaction, or (iii) discussions or negotiations are taking or have taken place between Company and Recipient and Recipient’s Affiliates concerning the Transaction, or the content of any such discussions or negotiations. Company understands and acknowledges that Recipient and its Representatives are actively engaged in the business plansof oil and natural gas exploration, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationdevelopment and operations, and / or technical information regarding Recipient may have current operations in the , design, operation and maintenance vicinity of the System ("Confidential Information") to Purchaser orProperties. Notwithstanding any other provision in this Agreement, if the Parties understand and agree that Recipient or its Representatives who review the Information provided hereunder may now or in the course future be working on other projects in the area and may retain mental impressions of performing under such Information. The use of such mental impressions is not prohibited by this Agreement. Company agrees that neither Recipient nor its Representative shall be precluded by the terms of this Agreement from working on or negotiating acquiring interests in any properties solely because of such retained mental impressions. Notwithstanding anything to the Agreement Purchaser learns Confidential Information regarding contrary contained therein, for a period of two (2) years from the facilities date of this Agreement, Recipient and its Representatives shall not acquire or plans caused to be acquired for their or anyone’s benefit (whether by use of a broker or otherwise), directly or indirectly, any lease, farmin, pooled interest, top lease, lease extension or lease option (or any other similar instrument or agreement) on any mineral or leasehold interest within the geographic area of the Power ProducerProperties; provided, Purchaser however, (i) if any such rights in the area of the Properties are acquired by merger, acquisition of stock or acquisition of a broader asset package then such acquisition shall (a) protect be free of the Confidential information from disclosure to third parties with the same degree restrictions of care accorded its own confidential and proprietary informationthis paragraph, and (bii) refrain from using if any such Confidential Information, except acquisition of rights in the negotiation and performance area of the Agreement. Notwithstanding the above, Purchaser may provide Properties is within a governmental section that Recipient currently owns oil and gas rights then such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes acquisition shall be free of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach restrictions of this provision by paragraph. If Recipient acquires any entity rights in violation of this paragraph, it shall have the duty to whom it improperly discloses Confidential Information. All Confidential Information immediately notify Discloser in writing, and the Company shall remain have the property of right to acquire such interest from Recipient, or Recipient shall, at the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the written request of the Power Producer. (b) If Company, release such interest of record. Without limiting the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans generality of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives")foregoing, in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. no event shall Information shall be informed utilized in any legal, administrative, governmental or other proceeding by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide Recipient (or any party claiming by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired through or upon the request of the Purchaserunder Recipient) against Company.

Confidentiality Obligation. (a) If Each Member and the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding Company agree to carefully restrict access to the , design, operation and maintenance Confidential Information to its Representatives. All such Representatives shall (i) be informed by the Receiving Party of the System ("confidential nature of the Confidential Information", (ii) agree to Purchaser or, if in keep the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans strictly confidential and (iii) be advised of the Power Producer, Purchaser terms of this Section 11 and agree to be bound to their employer-Member or employer-Company by terms of this Section 11. Each Member agrees to be responsible for any breaches of any of the provisions of this Section 11 by any of its Representatives (it being understood that such responsibility shall be in lieu of any right or remedy the Disclosing Party may have against any Representative with respect to such breach). (ab) protect The Members hereby agree that the Confidential information from disclosure to third parties Information will be disclosed solely in connection with the purpose of the Company, as provided in Section 1.3. The Receiving Party shall hold and maintain the Confidential Information in confidence, with the same degree of care accorded as it treats its own own, comparable confidential and proprietary information, and (b) refrain from using such shall not disclose to any person, which shall include, without limitation, any corporation, organization, group, partnership, entity or individual, any Confidential Information, except in without the negotiation and performance written consent of the AgreementDisclosing Party. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees The Members and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall Company agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All that all Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power ProducerDisclosing Party. (bc) If No Member or Company shall, without the Purchaser provides confidential informationprior written consent of the Disclosing Party, including business plansduplicate, strategiescopy, financial informationpublish, proprietaryuse or otherwise disclose to others or, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer orextent practicable, if in permit the course use by others of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans any of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure received by it. (d) Notwithstanding the foregoing, in the event any Member or Company, or any Representatives receive a request or are required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to third parties disclose all or any part of the Confidential Information, such Member or Company, as the case may be, agree to (i) immediately notify the Disclosing Party of the existence, terms and circumstances surrounding PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. such request, (ii) consult with the same degree Disclosing Party on the advisability of care accorded taking legally available steps to resist or narrow such request and (iii) assist the Disclosing Party, at the Disclosing Party’s expense, in seeking a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained or that the Disclosing Party waives compliance with the provisions hereof, (A) the Receiving Party or its own confidential and proprietary informationRepresentatives, as the case may be, may disclose to any tribunal only that portion of the Confidential Information which the Receiving Party or its Representatives are advised by counsel is legally required to be disclosed, and (b) refrain from using the Receiving Party or its Representatives shall exercise reasonable best efforts to obtain assurance that confidential treatment will be accorded such Confidential Information, except in and (B) the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to Receiving Party or its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information Representatives shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall not be liable for such disclosure, unless disclosure to any breach, of such tribunal was caused by or resulted from a previous disclosure by the Receiving Party or its Representatives not permitted by this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the PurchaserSection 11.

Confidentiality Obligation. (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, Purchaser may provide such Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential Confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It it after Purchaser's need for it has expired or upon the request of the Power Producer. (b) . If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. Recipient will: (a) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked informationtreat as confidential, and / or technical information regarding the , design, operation and maintenance of the System ("Confidential Information") to Purchaser or, if in the course of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect the Confidential information Information of the Discloser from disclosure all unauthorized use, disclosure, copying, dissemination or distribution; (b) use such Confidential Information solely for the purposes of this Agreement; (c) not disclose, deliver, distribute, display, demonstrate or otherwise make available such Confidential Information to third parties with any employees or other Persons, except those employees and contractors of Recipient (“Representatives”) who (i) need to know such Confidential Information for the same degree purposes of care accorded its own confidential and proprietary informationperforming the Recipient’s obligations under this Agreement, (ii) have been informed that such Confidential Information belongs to the Discloser, and (biii) refrain from using have agreed, in a written agreement, to maintain the confidentiality thereof; (d) promptly return and/or destroy all such Confidential Information upon the earlier of Discloser’s request or the expiration or termination of this Agreement (and if such return is impossible as to any portion of the Confidential Information, then Recipient will promptly permanently destroy such Confidential Information and certify to Discloser that all such Confidential Information, except in the negotiation including all copies thereof, has been completely and performance permanently destroyed); (e) immediately notify Discloser upon discovery of the Agreement. Notwithstanding the aboveany loss or unauthorized use, Purchaser may provide disclosure, copying, dissemination or distribution of any such Confidential Information and use all reasonable efforts to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the Purchaser, the Power Producer shall (a) protect the Confidential Information from disclosure to third parties with the same degree of care accorded its own confidential and proprietary information, and (b) refrain from using retrieve such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide ; (f) not reverse engineer or analyze such Confidential Information to (except as permitted by law); and (g) will not remove or obscure markings (if any) on Confidential Information indicating its officersproprietary or confidential nature. If any Representative uses, directorsdiscloses, managerscopies, employees and Affiliates (collectivelydisseminates or distributes Confidential Information other than as authorized in this Agreement, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall Recipient will be liable to Discloser for any breachsuch use, of this provision by any entity disclosure, copying, dissemination or distribution to whom the same extent that it improperly discloses would have been had the Recipient used, disclosed, copied, disseminated or distributed that Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchaser.

Confidentiality Obligation. All Confidential Information received by a party hereunder (a“Receiving Party”) If the Power Producer provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted which is furnished by or trademarked information, and / or technical information regarding the , design, operation and maintenance on behalf of the System other party ("Confidential Information"“Disclosing Party”) to Purchaser or, if in shall be kept strictly confidential and the course Receiving Party and its Representatives will not disclose any of performing under the Agreement or negotiating the Agreement Purchaser learns Confidential Information regarding the facilities or plans of the Power Producer, Purchaser shall (a) protect in any manner whatsoever nor use the Confidential Information in any way detrimental to the Disclosing Party; provided, however, that (i) Confidential Information may be disclosed to the Receiving Party’s Representatives who need to know such information from disclosure (collectively, “Informed Persons”) in order to third parties with accomplish the same degree of care accorded its own confidential and proprietary informationbusiness purpose for which the Confidential Information was disclosed, and (bii) refrain any such Confidential Information may be disclosed to any person or entity to which the Disclosing Party consents in advance in writing. The Confidential Information shall not be disclosed to any other persons or entities who are not necessary to know such information except mentioned above in (i) and (ii) of this clause, including but not limited to employees or affiliates of the Receiving Party. The Receiving Party will take appropriate and reasonable precautions to ensure the protection, confidentiality and security of the Confidential Information including assuring that all Informed Persons are aware of the confidential or proprietary nature of the Confidential Information and have themselves signed confidentiality agreements or agreed to be bound by the terms hereof. In the event that the Receiving Party or its Representatives are requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar legal process or requests from using such the exchange rulses of Hong Kong Exchanges and Clearing Limited (HKEX))) to disclose any of the Confidential Information, except the Receiving Party shall provide the Disclosing Party with prompt written notice of any such request or requirement so that the Disclosing Party may in its sole discretion seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If, in the negotiation and performance absence of a protective order or other remedy or the Agreement. Notwithstanding receipt of a waiver by the aboveDisclosing Party, Purchaser may provide such the Receiving Party or its Representatives are nonetheless, in the opinion of legal counsel who is appointed by the Receiving Party , legally compelled to disclose Confidential Information to its officers, directors, manager, employees and Affiliates (collectively "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each such recipient of confidential information shall be informed by Purchaser of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. Purchaser shall be liable for any breach of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Power Producer and shall be returned to. It after Purchaser's need for it has expired tribunal or upon the request of the Power Producer. (b) If the Purchaser provides confidential information, including business plans, strategies, financial information, proprietary, patented, licensed, copy righted or trademarked information, ("Confidential Information") to the Power Producer or, if in the course of performing under the Agreement or negotiating the Agreement the Power Producer learns Confidential Information regarding the facilities Or plans of the PurchaserHKEX, the Power Producer shall (a) protect Receiving Party or its Representatives may, without liability hereunder, disclose to such tribunal or HKEX only that portion of the Confidential Information from disclosure which such counsel reasonably advises is legally required to third parties be disclosed, provided that reasonable best efforts to preserve the confidentiality of the Confidential Information are used, including, without limitation, by cooperating with the same degree of care Disclosing Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded its own confidential and proprietary information, and (b) refrain from using such Confidential Information, except in the negotiation and performance of the Agreement. Notwithstanding the above, the Power Producer may provide such Confidential Information to its officers, directors, managers, employees and Affiliates (collectively, "Representatives"), in each case whose access is reasonably necessary for purposes of the Agreement. Each by such recipient of Confidential. Information shall be informed by the Power Producer of its confidential nature and shall be directed to treat such information confidentially and shall agree to abide by these provisions. The Power Producer shall be liable for any breach, of this provision by any entity to whom it improperly discloses Confidential Information. All Confidential Information shall remain the property of the Purchaser and shall be returned to it after the Power Produce's need for it has expired or upon the request of the Purchasertribunal.