Common use of Contractor Non-Disclosable Information Clause in Contracts

Contractor Non-Disclosable Information. Contractor Non-Disclosable Information consists of the following information that has been developed by Contractor: (i) Calculation for safety-related equipment and systems; (ii) Plant Design Model; (iii) I&C functional, system, software and interface requirements and functional logic diagrams; (iv) Design specifications and qualification reports for safety-related equipment; (v) SSDs for safety related systems; (vi) I&C architecture diagrams, I&C software verification and validation documentation, I&C testing procedures and test results; (vii) Component data packages which include Manufacturing Deviation Notices, Certified Material Test Reports and Quality Releases (will typically be provided to the Owners in the final data package if the deviations exceed the official design/fabrication specifications); and (viii) Information which contains confidential intellectual property of Contractor’s Subcontractors, Vendors, or other Contractor utility customers which is licensed to Contractor and which Contractor has the right to sub-license to Owners, or confidential intellectual property of Contractor’s Subcontractors or Vendors licensed directly to Owners. Exhibit O-2 contains the list of such confidential intellectual property identified as of the Effective Date, and these items are subject to the separate contractual or license agreements and limitations on copying and use, and Owners agree to and shall be bound by the terms of any such Third Party contractual or license agreements provided or identified; provided that Owners will not incur any additional costs or license fee in connection with any such Third Party contractual or license agreements. The list in Exhibit O-2 will be updated by Contractor during the performance of the Work as such additional Third Party license agreements are identified and required as part of the Work. Contractor shall not remove an item from Exhibit O-2 without Owners’ mutual agreement. For license agreements with such Third Parties necessary for maintenance or operation of the Facility for items such as those identified in Exhibit O-2 but not previously executed, Contractor agrees to make commercially reasonable efforts to negotiate terms consistent with the provisions of this Article 19 permitting Contractor to sub-license to Owners and Owners’ Engineer(s) confidential information received by Contractor from Contractor’s Subcontractors, Vendors, or other Contractor utility customers.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Georgia Power Co), Engineering, Procurement and Construction Agreement (Alabama Power Co)

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Contractor Non-Disclosable Information. Contractor Non-Disclosable Information consists of the following information that has been developed by Contractor: (i) Calculation for safety-safety related equipment and systems, except those meeting the conditions set forth in Section 19.3(b)(vi) and (vii); (ii) Plant Design Model; (iii) I&C functional, system, software and interface requirements and functional logic diagrams; (iv) Design specifications and qualification reports for safety-safety related equipment; (v) SSDs for safety related systems; (vi) I&C architecture diagrams, I&C software verification and validation documentation, I&C testing procedures and test results; (vii) Component data packages which include Manufacturing Deviation Notices, Certified Material Test Reports (CMTR) and Quality Releases (will typically be provided to the Owners Owner in the final data package if the deviations exceed the official design/fabrication specifications); and (viii) Information which contains confidential intellectual property of Contractor’s Subcontractors, Vendors, Subcontractors or other Contractor utility customers which is licensed to Contractor and which Contractor has the right to sub-license to OwnersOwner, or confidential intellectual property of Contractor’s Subcontractors or Vendors licensed directly to OwnersOwner. Exhibit O-2 contains the list of such confidential intellectual property identified as of the Effective Date, and these items are subject to the separate contractual or license agreements and limitations on copying and use, and Owners agree Owner agrees to and shall be bound by the terms of any such Third Party third-party contractual or license agreements provided or identified; provided that Owners will not incur any additional costs or license fee in connection with any such Third Party contractual or license agreements. The list in Exhibit O-2 will be updated by Contractor during the performance of the Work as such additional Third Party third party license agreements are identified and required as part of the WorkWork and to update the list for any newer versions or replacements of the software or other confidential information, as applicable. Contractor shall not remove an item from Exhibit O-2 without Owners’ Owner’s mutual agreement. For license agreements with such Third Parties third-parties necessary for maintenance or operation of the Facility for items such as those identified in Exhibit O-2 but not previously executed, Contractor agrees to make commercially reasonable efforts to negotiate terms consistent with the provisions provision of this Article 19 permitting Contractor to sub-license to Owners and Owners’ Engineer(s) Owner confidential information received by Contractor from Contractor’s Subcontractors, Vendors, 's Subcontractors or other Contractor contractor utility customers.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

Contractor Non-Disclosable Information. Contractor Non-Disclosable Information consists of the following information that has been developed by Contractor: (i) Calculation for safety-safety related equipment and systems, except those meeting the conditions set forth in Section 19.3(b)(vi) and (vii); (ii) Plant Design Model; (iii) I&C functional, system, software and interface requirements and functional logic diagrams; (iv) Design specifications and qualification reports for safety-safety related equipment; (v) SSDs for safety related systems; (vi) I&C II&C architecture diagrams, I&C software verification and validation documentation, I&C testing procedures and test results; (vii) Component data packages which include Manufacturing Deviation Notices, Certified Material Test Reports (CMTR) and Quality Releases (will typically be provided to the Owners Owner in the final data package if the deviations exceed the official design/fabrication specifications); and (viii) Information which contains confidential intellectual property of Contractor’s Subcontractors, Vendors, Subcontractors or other Contractor utility customers which is licensed to Contractor and which Contractor has the right to sub-license to OwnersOwner, or confidential intellectual property of Contractor’s Subcontractors or Vendors licensed directly to OwnersOwner. Exhibit O-2 contains the list of such confidential intellectual property identified as of the Effective Date, and these items are subject to the separate contractual or license agreements and limitations on copying and use, and Owners agree Owner agrees to and shall be bound by the terms of any such Third Party third-party contractual or license agreements provided or identified; provided that Owners will not incur any additional costs or license fee in connection with any such Third Party contractual or license agreements. The list in Exhibit O-2 will be updated by Contractor during the performance of the Work as such additional Third Party third party license agreements are identified and required as part of the WorkWork and to update the list for any newer versions or replacements of the software or other confidential information, as applicable. Contractor shall not remove an item from Exhibit O-2 without Owners’ Owner’s mutual agreement. For license agreements with such Third Parties third-parties necessary for maintenance or operation of the Facility for items such as those identified in Exhibit O-2 but not previously executed, Contractor agrees to make commercially reasonable efforts to negotiate terms consistent with the provisions provision of this Article 19 permitting Contractor to sub-license to Owners and Owners’ Engineer(s) Owner confidential information received by Contractor from Contractor’s Subcontractors, Vendors, 's Subcontractors or other Contractor contractor utility customers.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (South Carolina Electric & Gas Co)

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Contractor Non-Disclosable Information. Contractor Non-Disclosable Information consists of the following information that has been developed by Contractor: (i) Calculation for safety-related equipment and systems[**]; (ii) Plant Design Model[**]; (iii) I&C functional, system, software and interface requirements and functional logic diagrams[**]; (iv) Design specifications and qualification reports for safety-related equipment[**]; (v) SSDs for safety related systems[**]; (vi) I&C architecture diagrams, I&C software verification and validation documentation, I&C testing procedures and test results[**]; (vii) Component data packages which include Manufacturing Deviation Notices, Certified Material Test Reports [**]; and Quality Releases (will typically be provided “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Owners in the final data package if the deviations exceed the official design/fabrication specifications); andSecurities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (viii) Information which contains confidential intellectual property of Contractor’s Subcontractors, Vendors, Subcontractors or other Contractor utility customers which is licensed to Contractor and which Contractor has the right to sub-license to OwnersOwner, or confidential intellectual property of Contractor’s Subcontractors or Vendors licensed directly to OwnersOwner. Exhibit O-2 contains the list of such confidential intellectual property identified as of the Effective Date, and these items are subject to the separate contractual or license agreements and limitations on copying and use, and Owners agree Owner agrees to and shall be bound by the terms of any such Third Party third-party contractual or license agreements provided or identified; provided that Owners will not incur any additional costs or license fee in connection with any such Third Party contractual or license agreements. The list in Exhibit O-2 will be updated by Contractor during the performance of the Work as such additional Third Party third party license agreements are identified and required as part of the WorkWork and to update the list for any newer versions or replacements of the software or other confidential information, as applicable. Contractor shall not remove an item from Exhibit O-2 without Owners’ Owner’s mutual agreement. For license agreements with such Third Parties third-parties necessary for maintenance or operation of the Facility for items such as those identified in Exhibit O-2 but not previously executed, Contractor agrees to make commercially reasonable efforts to negotiate terms consistent with the provisions provision of this Article 19 permitting Contractor to sub-license to Owners and Owners’ Engineer(s) Owner confidential information received by Contractor from Contractor’s Subcontractors, Vendors, Subcontractors or other Contractor contractor utility customers.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Scana Corp)

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