Common use of Disclosure if Legally Compelled Clause in Contracts

Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that Aggregator or any of its Representatives receives notice that it has, will or may become compelled, pursuant to applicable law or regulation or legal process to disclose any Confidential 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), Aggregator shall, except to the extent prohibited by law, 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 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, Aggregator and its 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 Aggregator and its 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 Privacy & Security, Data Security Agreement, Data Security Agreement

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Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that Aggregator Third Party or any of its 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), Aggregator Third Party shall, except to the extent prohibited by law, immediately 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 Aggregator 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, Aggregator Third Party and its 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 Aggregator Third Party and its 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: Data Security Agreement, Data Security Addendum

Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that Aggregator Third Party or any of its 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), Aggregator Third Party shall, except to the extent prohibited by law, immediately 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 Aggregator 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, Aggregator Third Party and its 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 Aggregator Third Party and its 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 Aggregator ESCOESE 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), Aggregator ESCOESE shall, except to the extent prohibited by law, immediately within 24 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 Aggregator 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, Aggregator 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 Aggregator 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

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Disclosure if Legally Compelled. Notwithstanding anything herein, in the event that Aggregator ESE 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 Customer 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), Aggregator ESE shall, except to the extent prohibited by law, immediately within 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 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 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, Aggregator ESE and its 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 Aggregator ESE and its 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: User Agreements

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