Reliance on Information For purposes of its obligations under this Section, the Primary Servicer shall be entitled to rely on the following information to the extent that such information relates to mortgage loans that are not serviced under this Agreement: (i) the final prospectus supplement prepared by the Depositor with respect to the offering of the securities issued by the ABS Issuing Entity and (ii) any reports delivered from time to time by the Master Servicer, the master servicer for the ABS Issuing Entity (if such party is not the Master Servicer), the trustee for the ABS Issuing Entity and/or the paying agent, certificate administrator or other similar party for the ABS Issuing Entity.
Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Reliance on Third Parties The Administrative Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing believed by it to be genuine and to have been signed or sent by the proper Person. The Administrative Agent also may rely upon any statement made to it orally or by telephone and believed by it to be made by the proper Person, and shall not incur any liability for relying thereon. The Administrative Agent may consult with legal counsel (who may be counsel for any Loan Party), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
Reliance on Reports Except as expressly provided herein, nothing herein shall be construed to impose an obligation on the part of the Global Agent to recalculate, evaluate or verify any report, certificate or information received by it from the Issuer or to otherwise monitor the activities of the Issuer.
Treatment of Proprietary and Confidential Information A. Both parties agree that it may be necessary to provide each other during the term of this Agreement with certain confidential information, including trade secret information, including but not limited to, technical and business plans, technical information, proposals, specifications, drawings, procedures, customer account data and like information (hereinafter collectively referred to as “Information”). Both parties agree that all Information shall either be in writing or other tangible format and clearly marked with a confidential, private or proprietary legend, or, when the Information is communicated orally, it shall also be communicated that the Information is confidential, private or proprietary. The Information will be returned to the owner within a reasonable time. Both parties agree that the Information shall not be copied or reproduced in any form. Both parties agree to receive such Information and not disclose such Information. Both parties agree to protect the Information received from distribution, disclosure or dissemination to anyone except employees of the parties with a need to know such Information and which employees agree to be bound by the terms of this Section. Both parties will use the same standard of care to protect Information received as they would use to protect their own confidential and proprietary Information.
Disclosure to Representatives Recipient agrees that it shall maintain the Confidential Information in strict confidence and that the Confidential Information shall not, without Provider’s prior written consent, be disclosed by Recipient or by its affiliates, or their respective officers, directors, partners, employees, agents, or representatives (collectively, “Representatives”) in any manner whatsoever, in whole or in part, and shall not be used by Recipient or by its Representatives other than in connection with the Solicitation and the evaluation or negotiation of the Agreement; provided that, PG&E may use Confidential Information, consolidated with other market information and not specifically attributed to the Provider, to analyze or forecast market conditions or prices, for its own internal use or in the context of regulatory or other proceedings. Moreover, Recipient agrees to transmit the Confidential Information only to such of its Representatives who need to know the Confidential Information for the sole purpose of assisting Recipient with such permitted uses, as applicable; provided that, Recipient shall inform its Representatives of this Confidentiality Agreement and secure their agreement to abide in all material respects by its terms. In any event, Recipient shall be fully liable for any breach of this Confidentiality Agreement by its Representatives as though committed by Recipient itself.
Confidentiality of Contractor Information The Contractor acknowledges and agrees that this Contract and any and all Contractor information obtained by the State in connection with this Contract are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. § 315 et seq. The State will not disclose information for which a reasonable claim of exemption can be made pursuant to 1 V.S.A. § 317(c), including, but not limited to, trade secrets, proprietary information or financial information, including any formulae, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to the Contractor, and which gives the Contractor an opportunity to obtain business advantage over competitors who do not know it or use it. The State shall immediately notify Contractor of any request made under the Access to Public Records Act, or any request or demand by any court, governmental agency or other person asserting a demand or request for Contractor information. Contractor may, in its discretion, seek an appropriate protective order, or otherwise defend any right it may have to maintain the confidentiality of such information under applicable State law within three business days of the State’s receipt of any such request. Contractor agrees that it will not make any claim against the State if the State makes available to the public any information in accordance with the Access to Public Records Act or in response to a binding order from a court or governmental body or agency compelling its production. Contractor shall indemnify the State for any costs or expenses incurred by the State, including, but not limited to, attorneys’ fees awarded in accordance with 1 V.S.A. § 320, in connection with any action brought in connection with Contractor’s attempts to prevent or unreasonably delay public disclosure of Contractor’s information if a final decision of a court of competent jurisdiction determines that the State improperly withheld such information and that the improper withholding was based on Contractor’s attempts to prevent public disclosure of Contractor’s information. The State agrees that (a) it will use the Contractor information only as may be necessary in the course of performing duties, receiving services or exercising rights under this Contract; (b) it will provide at a minimum the same care to avoid disclosure or unauthorized use of Contractor information as it provides to protect its own similar confidential and proprietary information; (c) except as required by the Access to Records Act, it will not disclose such information orally or in writing to any third party unless that third party is subject to a written confidentiality agreement that contains restrictions and safeguards at least as restrictive as those contained in this Contract; (d) it will take all reasonable precautions to protect the Contractor’s information; and (e) it will not otherwise appropriate such information to its own use or to the use of any other person or entity. Contractor may affix an appropriate legend to Contractor information that is provided under this Contract to reflect the Contractor’s determination that any such information is a trade secret, proprietary information or financial information at time of delivery or disclosure.
CONFIDENTIALITY AND FREEDOM OF INFORMATION In this Agreement, Confidential Information means all information of a confidential nature relating to one party which is supplied by or on behalf of that party (whether before or after the date of this Agreement), either in writing, orally or in any other form, directly or indirectly from or pursuant to discussions with that party (the Disclosing Party) or which is obtained through observations made by the receiving party (a Receiving Party). Confidential Information also includes all analyses, compilations, studies and other documents whether prepared by or on behalf of a party which contain or otherwise reflect or are derived from such information. Nothing in this Agreement shall restrict the disclosure of information held by any party which is a Public Authority (as defined in the FOIA) beyond the restrictions permitted by the FOIA. Each Receiving Party shall hold in confidence any Confidential Information, PROVIDED THAT the provisions of this clause shall not restrict a Receiving Party from passing such information to its professional advisers and insurers, to the extent necessary, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement, and provided further that the LEP may, subject to obtaining appropriate confidentiality restrictions: pass to the Funders and their professional advisors or any prospective funders and their professional advisors or investors and their professional advisors such documents and other information as are reasonably required by the Funders in connection with the raising of finance for the SPA Operations or which the LEP is obliged to supply by the terms of the Funding Agreements; and pass to Service Providers documents and other information which are necessary for the LEP's performance of this Agreement. The obligation to maintain the confidentiality of the Confidential Information does not apply to Confidential Information: which the Disclosing Party confirms in writing is not required to be treated as Confidential Information; which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; to the extent required to be disclosed pursuant to clause 9.12 (Records), clause 9.15 (Auditor), or required to be disclosed to the Audit Commission, District Auditor or required to be disclosed for the proper performance of the Services; or which is disclosed to enable a determination to be made under clause 16 (Dispute Resolution); the disclosure of which is required by any Law (including any order of a court of competent jurisdiction), any Parliamentary obligation or the rules of any stock exchange or governmental or regulatory authority having the force of law or, if not having the force of law, compliance with which is in accordance with the general practice of persons subject to the stock exchange or government or regulatory authority concerned; disclosed by the Local Authority where the Confidential Information relates to the design, construction, operation or maintenance of the Project or is other information as may be reasonably required for the purpose of conducting a due diligence exercise disclosed to any person in connection with a benchmarking exercise in accordance with clause 8.3 or market testing in accordance with Schedule 4; disclosed by the Local Authority to any other department, office or agency of the Government or the governing body of any of the Facilities; disclosed for the purpose of: the examination and certification of the Local Authority's or the LEP's accounts; or any examination pursuant to the Local Government Act 1999 of the economy, efficiency and effectiveness with which the Local Authority has performed its functions; or which is already in the lawful possession of the Receiving Party prior to its disclosure by the Disclosing Party provided that any subsequent disclosure is not in breach of any restriction, condition or stipulation already applying to that Confidential Information. Unless otherwise required by any Law or any regulatory or governmental authority or in the circumstances set out in clause (c)(vii) (but only to that extent), neither party shall make or permit or procure to be made any public announcement or disclosure (whether for publication in the press, the radio, television screen or any other medium) of any Confidential Information or in the case of the LEP of its (or any LEP Party's) interest in the Project or, in any such case, any matters relating thereto, without the prior written consent of the other party (which shall not be unreasonably withheld or delayed). Subject to sub-clause (e)(ii), the Local Authority shall be free to disclose the terms of this Agreement and the other Project Documents to any Relevant Government Department and the parties agree that the Local Authority shall be free to use and disclose such information on such terms and in such manner as any Relevant Government Department sees fit. The Local Authority shall notify the LEP in writing not less than ten (10) Business Days prior to any intended disclosure of the terms of any of the documents referred to in sub-clause (e)(i) to any Relevant Government Department. The LEP shall notify the Local Authority in writing of any terms of such documents (the Sensitive Information) that the LEP objects to being disclosed within five (5) Business Days of any such notification by the Local Authority (failing which the LEP shall be deemed to have notified the Local Authority that it has no objection to any such disclosure). Without prejudice to the Local Authority's right to disclose the Sensitive Information pursuant to sub-clause (e)(i), the Local Authority shall consult with the LEP following receipt of a notification from the LEP that it objects to disclosure of such Sensitive Information with a view to agreeing whether or not part or all of the Sensitive Information can be removed from the information to be disclosed. Without prejudice to the foregoing provisions of this clause 17.6, the parties agree, throughout the term of this Agreement, to offer all reasonable co-operation and assistance to PfS (including providing information to PfS within such time periods as may reasonably be specified by PfS) for the purpose of the collection and use of data by PfS in connection with the performance of projects including, without limitation, the provision of information in relation to key performance indicators designated from time to time by PfS as "national priority" key performance indicators even if those national priority key performance indicators are not agreed and adopted by the LEP as Key Performance Indicators. If and to the extent information is requested from the parties by PfS in relation to key performance indicators which are not Key Performance Indicators the relevant party or parties shall supply that information to PfS within such time period as may reasonably be specified by PfS. If the information requested by PfS is not otherwise collected or monitored by the party from whom the information is requested then that party shall, subject to prior notification to and agreement of PfS, be entitled to charge to PfS that party's reasonable costs of complying with the request for information from PfS in relation to any additional work required to be undertaken by the relevant party to provide the information requested which that party would not otherwise be required to undertake under this Agreement or Project Agreements or would not otherwise undertake in any event in the normal course of business.
Access to Protected Information If BA maintains a designated record set on behalf of CE, BA shall make Protected Information maintained by BA or its agents or subcontractors in Designated Record Sets available to CE for inspection and copying within five (5) days of a request by CE to enable CE to fulfill its obligations under state law [Health and Safety Code Section 123110] and the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.524 [45 C.F.R. Section 164.504(e)(2)(ii)(E)]. If BA maintains Protected Information in electronic format, BA shall provide such information in electronic format as necessary to enable CE to fulfill its obligations under the HITECH Act and HIPAA Regulations, including, but not limited to, 42 U.S.C. Section 17935(e) and 45 C.F.R. Section 164.524.
Access, Information and Confidentiality (i) From the Signing Date until the date on which all of the Preferred Shares have been redeemed in whole, the Company will permit, and shall cause each of the Company’s Subsidiaries to permit, Treasury, the Oversight Officials and their respective agents, consultants, contractors and advisors to (x) examine any books, papers, records, Tax returns (including all schedules attached thereto), data and other information; (y) make copies thereof; and (z) discuss the affairs, finances and accounts of the Company and the Company Subsidiaries with the personnel of the Company and the Company Subsidiaries, all upon reasonable notice; provided, that: