Common use of FIPPA Records Clause in Contracts

FIPPA Records. The Parties acknowledge that the Counterparty is subject to FIPPA. The Counterparty has reviewed the Confidential Information of each Other Party contained in the STAR Technical Schedule and has considered such Confidential Information to be disclosed to the Counterparty in connection herewith. The Parties agree that such Confidential Information is highly confidential commercial, financial, scientific, technical, and/or labour relations information, and/or contains trade secrets and is supplied in confidence by each Other Party to the Counterparty on that basis. For the purposes of subsection 20(1) of the Electricity Act, the Counterparty hereby designates as confidential or highly confidential the Confidential Information of the Other Parties provided to the Counterparty up to and including the date of this Agreement and acknowledges that the Other Parties have advised it that all Confidential Information to be provided to the Counterparty after the date of this Agreement is considered by the Other Parties to be confidential or highly confidential. The Parties agree that the disclosure of the Confidential Information contained in the STAR Technical Schedule, and the Counterparty acknowledges that the Other Parties have advised it that disclosure of the Confidential Information provided to the Counterparty pursuant to this Agreement, could reasonably be expected to cause irreparable harm and material financial loss to each Other Party and significant prejudice to each Other Parties’ competitive position and to interfere with each Other Party’s contractual arrangements and the negotiations in which the Parties are engaged. Accordingly, the Counterparty acknowledges that each Other Party is disclosing its Confidential Information to the Counterparty on the basis that all such Confidential Information is exempt from access by and disclosure to others pursuant to section 17(1) of FIPPA and the Counterparty agrees it will treat all Confidential Information contained in the STAR Technical Schedule as being so exempt from the disclosure requirements under FIPPA; provided, however, that the Parties acknowledge and agree that the refusal of the Chief Executive Officer of the Counterparty to disclose any Confidential Information in accordance with section 17(1) of FIPPA may be the subject of an appeal to the Information and Privacy Commissioner as set forth under FIPPA who, upon such appeal, shall have the final decision as to disclosure. In the event that the Counterparty is requested to disclose, and the Counterparty is planning to disclose, to others pursuant to FIPPA all or any part of the Confidential Information disclosed to the Counterparty by any Other Party, the Counterparty will promptly advise such Other Party of such request, so that such Other Party will have the opportunity to make detailed representations to the appropriate authority about the nature of the information. The Counterparty agrees to comply with Section 6.4(b) of this Agreement in respect of any request for disclosure of any Other Party’s Confidential Information pursuant to FIPPA. This Section 6.5 is in addition to, and without limitation of, the obligations of the Counterparty set out in Section 6.2.

FIPPA Records. The Parties acknowledge that the Counterparty is subject to FIPPA. The Counterparty has reviewed the Confidential Information of each Other Party contained in the STAR Technical Schedule and has considered such Confidential Information to be disclosed to the Counterparty in connection herewith. The Parties agree that such Confidential Information is highly confidential commercial, financial, scientific, technical, and/or labour relations information, and/or contains trade secrets and is supplied in confidence by each Other Party to the Counterparty on that basis. For basis and, for greater certainty, for the purposes of subsection 20(125.13(3) of the Electricity Act, the Counterparty hereby designates as confidential or highly confidential the Confidential Information of the Other Parties provided to the Counterparty up to and including the date of this Agreement and acknowledges that the Other Parties have advised it that all Confidential Information to be provided to the Counterparty after the date of this Agreement is considered by the Other Parties to be confidential or highly confidential. The Parties agree that the disclosure of the Confidential Information contained in the STAR Technical Schedule, and the Counterparty acknowledges that the Other Parties have advised it that disclosure of the Confidential Information provided to the Counterparty pursuant to this Agreement, could reasonably be expected to cause irreparable harm and material financial loss to each Other Party and significant prejudice to each Other Parties’ competitive position and to interfere with each Other Party’s contractual arrangements and the negotiations in which the Parties are engaged. Accordingly, the Counterparty acknowledges that each Other Party is disclosing its Confidential Information to the Counterparty on the basis that all such Confidential Information is exempt from access by and disclosure to others pursuant to section 17(1) of FIPPA and the Counterparty agrees it will treat all Confidential Information contained in the STAR Technical Schedule as being so exempt from the disclosure requirements under FIPPA; provided, however, that the Parties acknowledge and agree that the refusal of the Chief Executive Officer of the Counterparty to disclose any Confidential Information in accordance with section 17(1) of FIPPA may be the subject of an appeal to the Information and Privacy Commissioner as set forth under FIPPA who, upon such appeal, shall have the final decision as to disclosure. In the event that the Counterparty is requested to disclose, and the Counterparty is planning to disclose, to others pursuant to FIPPA all or any part of the Confidential Information disclosed to the Counterparty by any Other Party, the Counterparty will promptly advise such Other Party of such request, so that such Other Party will have the opportunity to make detailed representations to the appropriate authority about the nature of the information. The Counterparty agrees to comply with Section 6.4(b) of this Agreement in respect of any request for disclosure of any Other Party’s Confidential Information pursuant to FIPPA. This Section 6.5 is in addition to, and without limitation of, the obligations of the Counterparty set out in Section 6.2.

FIPPA Records. The Parties acknowledge that the Counterparty is subject to FIPPA. The Counterparty has reviewed the Confidential Information of each Other Party Generator contained in the STAR Technical Schedule and has considered such Confidential Information to be disclosed to the Counterparty in connection herewith. The Parties agree that such Confidential Information is highly confidential commercial, financial, scientific, technical, and/or labour relations information, and/or contains trade secrets and is supplied in confidence by each Other Party Generator to the Counterparty on that basis. For basis and, for greater certainty, for the purposes of subsection 20(125.13(3) of the Electricity Act, the Counterparty hereby designates as confidential or highly confidential the Confidential Information of the Other Parties Generators provided to the Counterparty up to and including the date of this Agreement and acknowledges that the Other Parties Generators have advised it that all Confidential Information to be provided to the Counterparty after the date of this Agreement is considered by the Other Parties Generators to be confidential or highly confidential. The Parties agree that the disclosure of the Confidential Information contained in the STAR Technical Schedule, and the Counterparty acknowledges that the Other Parties have Generator has advised it that disclosure of the Confidential Information provided to the Counterparty pursuant to this Agreement, could reasonably be expected to cause irreparable harm and material financial loss to each Other Party Generator and significant prejudice to each Other Parties’ Generator’s competitive position and to interfere with each Other PartyGenerator’s contractual arrangements and the negotiations in which the Parties are engaged. Accordingly, the Counterparty acknowledges that each Other Party Generator is disclosing its Confidential Information to the Counterparty on the basis that all such Confidential Information is exempt from access by and disclosure to others pursuant to section 17(1) of FIPPA and the Counterparty agrees it will treat all Confidential Information contained in the STAR Technical Schedule as being so exempt from the disclosure requirements under FIPPA; provided, however, that the Parties acknowledge and agree that the refusal of the Chief Executive Officer of the Counterparty to disclose any Confidential Information in accordance with section 17(1) of FIPPA may be the subject of an appeal to the Information and Privacy Commissioner as set forth under FIPPA who, upon such appeal, shall have the final decision as to disclosureFIPPA. In the event that the Counterparty is requested to disclose, and the Counterparty is planning to disclose, to others pursuant to FIPPA all or any part of the Confidential Information disclosed to the Counterparty by any Other Partyeither Generator, the Counterparty will promptly advise such Other Party Generator of such request, so that such Other Party Generator will have the opportunity to make detailed representations to the appropriate authority about the nature of the information. The Counterparty agrees to comply with Section 6.4(b7.4(b) of this Agreement in respect of any request for disclosure of any Other Partyeither Generator’s Confidential Information pursuant to FIPPA. This Section 6.5 7.5 is in addition to, and without limitation of, the obligations of the Counterparty set out in Section 6.27.2.