Common use of Confidentiality Obligations of Pepco Clause in Contracts

Confidentiality Obligations of Pepco. Pepco shall hold in confidence, unless compelled to disclose by judicial or administrative process or other provisions of law, all documents and information furnished by Generator in connection with this Agreement marked "Confidential" or "Proprietary." Except to the extent that such information or documents are (i) generally available to the public other than as a result of a disclosure by Pepco in breach of this Agreement, (ii) available to Pepco on a non-confidential basis prior to disclosure to Pepco by Generator, or (iii) available to Pepco on a non-confidential basis from a source other than Generator, provided that such source is not known, and by reasonable effort could not be known, by Pepco to be bound by a confidentiality agreement with Generator or otherwise prohibited from transmitting the information to Pepco by a contractual, legal or fiduciary obligation, Pepco shall not release or disclose such information to any other person, except to its employees, representatives or agents on a need-to-know basis, in connection with this Agreement who has not first been advised of the confidentiality provisions of this Section 10.1 and has agreed in writing to comply with such provisions. In no event shall such information be disclosed in violation of the requirements of FERC Orders 889 and 889-A, and any successor thereto. Pepco shall promptly notify Generator if it receives notice or otherwise concludes that the production of any information subject to this Section 10.1 is being sought under any provision of law and Pepco shall use reasonable efforts in cooperation with Generator to seek confidential treatment for such confidential information provided thereto.

Confidentiality Obligations of Pepco. Pepco shall hold in confidence, unless compelled to disclose by judicial or administrative process or other provisions of law, all documents and information furnished by Generator in connection with this Agreement marked "Confidential" or "Proprietary." Except to the extent that such information or documents are (i) generally available to the public other than as a result of a disclosure by Pepco in breach of this Agreement, (ii) available to Pepco on a non-confidential basis prior to disclosure to Pepco by Generator, or (iii) available to Pepco on a non-confidential basis from a source other than Generator, provided that such source is not known, and by reasonable effort could not be known, by Pepco to be bound by a confidentiality agreement with Generator or otherwise prohibited from transmitting the information to Pepco by a contractual, legal or fiduciary obligation, Pepco shall not release or disclose such information to any other person, except to its employees, representatives or agents on a need-to-know basis, in connection with this Agreement who has not first been advised of the confidentiality provisions of this Section 10.1 6.1 and has agreed in writing to comply with such provisions. In no event shall such information be disclosed in violation of the requirements of FERC Orders 889 and 889-A, and any successor thereto. Pepco shall promptly notify Generator if it receives notice or otherwise concludes that the production of any information subject to this Section 10.1 6.1 is being sought under any provision of law and Pepco shall use reasonable efforts in cooperation with Generator to seek confidential treatment for such confidential information provided thereto.

Confidentiality Obligations of Pepco. Pepco shall hold in confidence, unless compelled to disclose by judicial or administrative process or other provisions of law, all documents and information furnished by Generator Operator in connection with this Agreement marked "Confidential" or "Proprietary." Agreement. Except to the extent that such information or documents are (i) generally available to the public other than as a result of a disclosure by Pepco in breach of this Agreement, (ii) available to Pepco on a non-confidential basis prior to disclosure to Pepco by GeneratorOperator, or (iii) available to Pepco on a non-confidential basis from a source other than GeneratorOperator, provided that such source is not known, and by reasonable effort could not be known, by Pepco to be bound by a confidentiality agreement with Generator Operator or otherwise prohibited from transmitting the information to Pepco by a contractual, legal or fiduciary obligation, Pepco shall not release or disclose such information to any other person, except to its employees, representatives or agents on a need-to-know basis, in connection with this Agreement who has not first been advised of the confidentiality provisions of this Section 10.1 14.1 and has agreed in writing to comply with such provisions. In no event shall such information be disclosed in violation of the requirements of FERC Orders 889 and 889-A, and any successor thereto. Pepco shall promptly notify Generator Operator if it receives notice or otherwise concludes that the production of any information subject to this Section 10.1 14.1 is being sought under any provision of law and Pepco shall use reasonable efforts in cooperation with Generator Operator to seek confidential treatment for such confidential information provided thereto.