Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE or any of its Third Party Representatives receives notice that it has, will, or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, or otherwise), ESE shall, except to the extent prohibited by law, within 24 hours notify Utility, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility shall have the right to consult with ESE and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Information that must be disclosed. Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed. In any event, ESE and its Third Party Representatives shall disclose only such Confidential Utility Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utility) and ESE and its Third Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Information that is so disclosed will be accorded confidential treatment.
Appears in 4 contracts
Samples: Data Security Addendum, Data Security Addendum, Data Security Addendum
Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE Aggregator or any of its Third Party Representatives receives notice that it has, will, will or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, processes or otherwise), ESE Aggregator shall, except to the extent prohibited by law, within 24 hours immediately notify Utility, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility shall have the right to consult with ESE Aggregator and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Information that must be disclosed. Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed. In any event, ESE Aggregator and its Third Party Representatives shall disclose only such Confidential Utility Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utility) and ESE Aggregator and its Third Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Information that is so disclosed will be accorded confidential treatment.
Appears in 4 contracts
Samples: Data Security Agreement, Data Security Agreement, Data Security Agreement
Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE Third Party or any of its Third Party Representatives receives notice that it has, will, or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, or otherwise), ESE Third Party shall, except to the extent prohibited by law, within 24 hours notify Utility, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility shall have the right to consult with ESE Third Party and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Information that must be disclosed. Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed. In any event, ESE Third Party and its Third Party Representatives shall disclose only such Confidential Utility Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utility) and ESE Third Party and its Third Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Information that is so disclosed will be accorded confidential treatment.
Appears in 2 contracts
Samples: Security Agreement, Data Security Addendum
Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE or any of its Third Third-Party Representatives receives notice that it has, will, or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Customer Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, or otherwise), ESE shall, except to the extent prohibited by law, within 24 hours one (1) business day, notify UtilityE Source, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility the Parties shall each have the independent right to consult with ESE and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Customer Information that must be disclosed. Utility The Parties shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Customer Information that must be disclosed. In any event, ESE and its Third Third-Party Representatives shall disclose only such Confidential Utility Customer Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utilitythe Party) and ESE and its Third Third-Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Customer Information that is so disclosed will be accorded confidential treatment.
Appears in 1 contract
Samples: Authorization and Agreement
Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE Third Party or any of its Third Party Representatives receives notice that it has, will, or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, or otherwise), ESE Third Party shall, except to the extent prohibited by law, within 24 72 hours notify Utility, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility shall have the right to consult with ESE Third Party and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Information that must be disclosed. Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed. In any event, ESE Third Party and its Third Party Representatives shall disclose only such Confidential Utility Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utility) and ESE Third Party and its Third Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Information that is so disclosed will be accorded confidential treatment.
Appears in 1 contract
Samples: Data Security Agreement
Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that ESE ESCOESE or any of its Third Party Representatives receives notice that it has, will, or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential Utility Information (whether by receipt of oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands, other similar processes, or otherwise), ESE ESCOESE shall, except to the extent prohibited by law, within 24 hours hours[PAC28] notify Utility, orally and in writing, of the pending or threatened compulsion. To the extent lawfully allowable, Utility shall have the right to consult with ESE ESCOESE and the Parties will cooperate, in advance of any disclosure, to undertake any lawfully permissible steps to reduce and/or minimize the extent of Confidential Utility Information that must be disclosed. Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed. In any event, ESE ESCOESE and its Third Party Representatives shall disclose only such Confidential Utility Information which they are advised by legal counsel that they are legally required to disclose in order to comply with such applicable law or regulation or legal process (as such may be affected by any protective order or other remedy obtained by Utility) and ESE ESCOESE and its Third Party Representatives shall use all reasonable efforts to ensure that all Confidential Utility Information that is so disclosed will be accorded confidential treatment.
Appears in 1 contract
Samples: Data Security Addendum