Disclosures to Governmental Authorities. (1) In the event that BNY Mellon is subject to an information request in connection with a routine examination by a regulatory, self-regulatory or supervisory authority having appropriate jurisdiction over BNY Mellon that is not specifically targeted at Voya, BNY Mellon may comply with such request without providing notice provided that BNY Mellon requests that confidential treatment be accorded to any Confidential Information so disclosed.
Disclosures to Governmental Authorities. If a Governmental Authority requires a Receiving Party to disclose the Confidential Information of a Disclosing Party, the Receiving Party will (I) immediately notify the Disclosing Party after learning of the existence or likely existence of such requirement (unless prohibited by Applicable Law); (ii) limit the scope of such disclosure to only the Confidential Information necessary to comply with the requirement; (iii) make best efforts to obtain confidential treatment of or protection by order of any Confidential Information; and (iv) permit, subject to Applicable Law, the Disclosing Party to seek a protective order or to otherwise challenge or limit the disclosure of the Confidential Information prior to the disclosure thereof.
Disclosures to Governmental Authorities. Owner and the Independent Evaluator may disclose the terms, conditions or other facts with respect to this Agreement and all Confidential Information furnished or made available by either Party pursuant to this Agreement: to duly authorized Governmental Authorities, including without limitation the FERC, the CPUC and all divisions thereof, and to Owner’s Procurement Review Group (the “PRG”), a group of non-market participants including members of the CPUC, other governmental agencies and consumer groups established by the CPUC in D.00-00-000, to demonstrate the reasonableness of Owner’s actions; to the extent necessary to comply with any Applicable Law or any discovery of data request of a party to any proceeding pending before any of the foregoing; provided that Owner shall, prior to any such disclosure by it or the Independent Evaluator, use reasonable efforts to seek confidential treatment by the Governmental Authority or the PRG of the Confidential Information or other information disclosed to any of them by Owner or the Independent Evaluator under this Section. Owner shall have no liability whatsoever to Contractor in the event of any unauthorized use or disclosure by a Governmental Authority or by the PRG of any Confidential Information or other information disclosed to any of them by Owner or the Independent Evaluator.
Disclosures to Governmental Authorities. No
i. A Transferee may provide any Proprietary Information to any Governmental Authority having jurisdiction over or asserting a right to obtain such information, provided that: (A) such Governmental Authority orders that such Proprietary Information be provided; and (B) unless prohibited from so doing by applicable law, the Transferee promptly advises the Transferor of any request for such information by such Governmental Authority and cooperates in giving the Transferor an opportunity to present objections, requests for limitation, and/or requests for confidentiality or other restrictions on disclosure or access, to such Governmental Authority.
ii. Each Party may, to the extent required, disclose Proprietary Information to any Governmental Authority in connection with the application for any required Authorization, provided that, unless prohibited from so doing by applicable law, the Transferee shall advise the Transferor of any Proprietary Information that Transferee will disclose to the Governmental Authority prior thereto and shall cooperate in giving the Transferor an opportunity to present objections, requests for limitation, and/or requests for confidentiality or other restrictions on disclosure or access, to such Governmental Authority.
iii. Either Party may disclose such Proprietary Information regarding the terms of this Agreement as such Party deems necessary to enable it to comply with the Securities Exchange Act of 1934, or the rules, regulations and forms of the Securities and Exchange Commission, issued thereunder or the applicable rules of any stock exchange.
