Common use of Legally Compelled Disclosure Clause in Contracts

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties with prompt notice so that the other Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties with prompt notice so that the other Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (iiB) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grantGrant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iiiC) as reasonably required by the DPL Agreements, the PJM Agreements or PJM Agreementsthe Tariffs. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties Party waive compliance with the non-disclosure provisions of this Section 6.3 9.18(b) with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-self- regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-non- disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party Member or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement Applicable Laws or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyMember, or (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General IRS in connection with a Bloom System, cash grant, the PV System or tax credits Tax Credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party party shall, to the extent permitted by Legal RequirementsApplicable Laws, provide the other Parties Members with prompt notice Notice so that the other Parties Members may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 11.12 with respect to the information required to be disclosed. If such protective order *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. or other remedy is not obtained, or such other Parties Members waive compliance with the non-disclosure provisions of this Section 6.3 11.12 with respect to the information required to be disclosed, the first Party party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosedother Members’ expense, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal RequirementsApplicable Laws, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries, Representatives, lenders or Representatives tax equity investors, as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (iiB) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iiiC) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties Party waive compliance with the non-disclosure provisions of this Section 6.3 9.18(b) with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties with prompt notice so that the other Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties with prompt notice so that the other Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory 15 DM_US 157179328-13.085887.0029 authority having jurisdiction over such Party, or (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom an Existing System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of Section 6.1 and this Section 6.3 6.2 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of Section 6.1 and this Section 6.3 6.2 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Except to the extent required by law or judicial or administrative order or except as provided herein, the Company shall not disclose any Confidential Information without the Investor's prior written approval; provided, however, that the Company may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted required by Legal Requirementslaw or judicial or administrative order, provide provided that if such disclosure is pursuant to judicial or administrative order, the other Parties with prompt notice so that Company will notify the other Parties may seek a protective order or other appropriate remedy or waive compliance Investor promptly before such disclosure and will cooperate with the non-disclosure provisions of this Section 6.3 Investor to seek confidential treatment with respect to the information disclosure if requested by the Investor and provided further that if such disclosure is required pursuant to be disclosed. If such protective order law or other remedy is not obtainedthe rules and regulations of any federal, state or such other Parties waive compliance with local governmental authority or any regulatory body, the non-disclosure provisions of this Section 6.3 with respect parties will cooperate to seek confidential treatment to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, includingmaximum extent, in the case reasonable judgment of disclosures counsel of the Company, possible under law. Notwithstanding the foregoing provisions or any other provision to the IRS described in clause (ii) abovecontrary, to obtain reliable assurance the Company agrees that, except to the extent required by judicial or administrative order, which the Company shall resist to the maximum extent possible under law, the Company will not file this Agreement (the "EXHIBIT FILING") with any governmental authority or any regulatory body; PROVIDED, HOWEVER, that to the extent required under the Rules and Regulations, upon the advice of counsel and subject to any request by Investor to seek confidential treatment, the Company may (A) file this Agreement and the Warrants as an exhibit to any filing required to be made by the Company under the Exchange Act, (B) identify the Investor as "Intel Corporation" and (C) describe the material terms of the Investor's investment. The Investor hereby acknowledges that the Company has advised Investor that the Company has been advised by its counsel that such counsel believes that the Company will be required to file this Agreement and the Warrants as exhibits to the Form 10-K that the Company will be required to file under the Exchange Act for its fiscal year ending March 31, 2000. The Company agrees that it will provide the Investor with drafts of any documents, press releases or other filings (including the filing permitted by applicable Legal Requirementsthe proviso of the immediately preceding sentence) in which the Company desires to disclose this Agreement and the Warrants, the transactions contemplated hereby or thereby or any other Confidential Information is disclosed at least three (3) business days prior to the filing or disclosure thereof, and that it will make any changes to such information materials as requested by the Investor unless advised by counsel that the Rules and Regulations require otherwise. Unless permitted by the terms of this Section 7(c), the Company will not be made available for public inspection pursuant disclose any Confidential Information or file this Agreement or the Warrants if the Investor has objected to Section 6110 such disclosure or filing. The Company will not, except as permitted above, file this Agreement or the Warrants with any governmental authority or any regulatory body, or disclose the identity of the CodeInvestor or any other Confidential Information in any filing.

Legally Compelled Disclosure. Except to the extent required by law or judicial or administrative order or except as provided herein, the Company shall not disclose any Confidential Information without the Lead Investor's prior written approval; provided, however, that the Company may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted required by Legal Requirementslaw or judicial or administrative order, provide provided that if such disclosure is pursuant to judicial or administrative order, the other Parties with prompt notice so that Company will notify the other Parties may seek a protective order or other appropriate remedy or waive compliance Lead Investor promptly before such disclosure and will cooperate with the non-disclosure provisions of this Section 6.3 Lead Investor to seek confidential treatment with respect to the information disclosure if requested by the Lead Investor; and provided further that if such disclosure is required pursuant to be disclosed. If such protective order law or other remedy is not obtainedthe rules and regulations of any federal, state or such other Parties waive compliance with local governmental authority or any regulatory body, the non-disclosure provisions of this Section 6.3 with respect parties will cooperate to seek confidential treatment to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, includingmaximum extent, in the case reasonable judgment of disclosures counsel of the Company, possible under law. Notwithstanding the foregoing provisions or any other provision to the IRS described in clause (ii) abovecontrary, to obtain reliable assurance the Company agrees that, except to the extent required by judicial or administrative order, which the Company shall resist to the maximum extent permitted by applicable Legal Requirementspossible under law, such information the Company will not disclose the identity of the Lead Investor or describe the Lead Investor other than as a "corporate investor" in any public filing, advertisement, news release or professional or trade publication or in any other manner without the Lead Investor's prior written consent (which consent generally will not be made available for public inspection pursuant to Section 6110 granted) and will not file any of the CodeTransaction Agreements (the "Exhibit Filing") with any governmental authority or any regulatory body; provided, however, that to the extent required under the Rules and Regulations, the Company may (A) file this Agreement as an exhibit to any filing required to be made by the Company under the Exchange Act, (B) identify the Lead Investor as "Intel Corporation" and (C) describe the material terms of the Lead Investor's investment. The Company agrees that it will provide the Lead Investor with drafts of any documents, press releases or other filings (including, without limitation, the filing permitted by the proviso of the immediately preceding sentence) in which the Company desires to disclose any Transaction Agreement, the transactions contemplated thereby or any other Confidential Information is disclosed at least three (3) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by the Lead Investor unless advised by counsel that the Rules and Regulations require otherwise. Unless permitted by the terms of this Section, the Company will not disclose any Confidential Information or file any Transaction Agreements if the Lead Investor has objected to such disclosure or filing. The Company will not, except as permitted above, file any of the Transaction Agreements with any governmental authority or any regulatory body, or disclose the identity of the Lead Investor or any other Confidential Information in any filing.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by under any Interconnection Agreement or any of the DPL Agreements or PJM Agreementsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 9.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 9.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (iiB) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Bloom Systemincluding, cash grantbut not limited to, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, (C) by legal or administrative process or (iiiD) as required or requested by the DPL Agreements or PJM Agreementsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Parties with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party If the receiving party or any of its Affiliates or their respective stockholdersRepresentatives are required in any judicial, membersgovernmental, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchangeadministrative, the Financial Industry Regulatory Authority, Inc. regulatory or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grantlegal proceeding, or tax credits relating theretopursuant to subpoena, including in connection with a request for any private letter ruling, any determination letter civil investigative demand or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative other compulsory process to disclose any Confidential Evaluation Material or any Transaction Information, the receiving party and such Party shall, to the extent permitted by Legal Requirements, Representative shall first provide the other Parties disclosing party with prompt and advance written notice of any such legal proceeding or compulsory process (unless such notice would violate applicable law or regulation) so that the other Parties disclosing party may seek a protective order or other appropriate remedy or waive compliance with (at the non-disclosure provisions disclosing party’s sole expense). If, in the absence of this Section 6.3 with respect to the information required to be disclosed. If such a protective order or other remedy is not obtainedor the receipt of a waiver by the disclosing party, the receiving party or any of its Representatives determine, after consultation with and upon the advice of outside legal counsel, that the receiving party or any such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information Representative are legally required to be discloseddisclose Evaluation Material or Transaction Information, the first Party shall furnish receiving party and any such Representative may disclose only that portion of the Evaluation Material or Transaction Information which the receiving party or any such information that it is advisedRepresentative determines, by opinion after consultation with and upon the advice of outside legal counsel, Confidentiality Agreement is legally required to be furnished and disclosed; provided, that the receiving party or such Representative shall exercise use commercially reasonable efforts, at efforts to preserve the expense confidentiality of the Party whose Confidential Evaluation Material or Transaction Information is being so disclosed, including by reasonably cooperating with the disclosing party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance thatwill, to the maximum extent permitted possible extent, be accorded to the Evaluation Material and Transaction Information by applicable Legal Requirementssuch tribunal or other public or governmental authority at the disclosing party’s sole expense. Notwithstanding any other provision of this Agreement, no prior notice or other action shall be required in respect of any disclosure made to any banking, financial, accounting, securities or other supervisory or regulatory authority exercising its routine supervisory or audit functions, provided that such information will disclosure is made in the ordinary course and is not be made available for public inspection pursuant specific to Section 6110 of the Codedisclosing party, the Transaction or the Evaluation Material.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by the DPL Agreements or PJM Agreementsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 10.3 with respect to the Table of Contents information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Except to the extent required by law or judicial or administrative order or except as provided herein, Issuer shall not disclose any Confidential Information without Investor's prior written approval; provided, however, that Issuer may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted required by Legal Requirementslaw or judicial or administrative order, provide the other Parties provided that if such disclosure is pursuant to judicial or administrative order, Issuer will notify Investor promptly before such disclosure and will cooperate with prompt notice so that the other Parties may Investor to seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 confidential treatment with respect to the information disclosure if requested by Investor and provided further that if such disclosure is required pursuant to be disclosed. If such protective order law or other remedy is not obtainedthe rules and regulations of any federal, state or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect local governmental authority or any regulatory body, if requested by Investor, Issuer will seek confidential treatment to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, includingmaximum extent, in the case reasonable judgment of disclosures counsel of Issuer, possible under law. Notwithstanding the foregoing provisions or any other provision to the IRS described in clause (ii) abovecontrary, to obtain reliable assurance Issuer agrees that, except to the extent required by judicial or administrative order, which Issuer shall use its best efforts to avoid to the maximum extent possible under law, Issuer will not file this Agreement with any governmental authority or any regulatory body; provided, however, that to the extent required under the Securities Act, the Exchange Act or any of the rules and regulations promulgated thereunder, including judicial interpretations thereof (the "Rules and Regulations"), upon the advice of counsel, Issuer may (A) file this Agreement and the Registration Rights Agreement as an exhibit to any filing required to be made by the Company under the Securities Act or the Exchange Act and (B) in Issuer's filings under the Securities Act or the Exchange Act, identify Investor as "Intel Corporation" and describe the material terms of the Investor's investment. Issuer agrees that it will provide Investor with drafts of any documents, press releases or other filings (including the filing permitted by applicable Legal Requirementsthe proviso of the immediately preceding sentence) in which Issuer desires to disclose the terms of this Agreement, the transactions contemplated hereby or any other Confidential Information at least three (3) business days prior to the filing or disclosure thereof, and that it will cooperate with Investor to make any changes to such information materials as requested by Investor unless advised by counsel that the Rules and Regulations require otherwise. Unless permitted by the terms of this Section, Issuer will not be made available for public inspection pursuant disclose any Confidential Information or file this Agreement if Investor has objected to Section 6110 such disclosure or filing. Issuer will not, except as permitted above, file this Agreement with any governmental authority or any regulatory body, or disclose the identity of the CodeInvestor or any other Confidential Information in any filing.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. Inc., the New York Department of Financial Services or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom SystemFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by under any Interconnection Agreement or any of the DPL Agreements or PJM Agreementsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice of any such disclosure (other than any disclosure in connection with routine regulatory filings, reviews or audits, or requests for regulatory approvals in the ordinary course of the recipient’s business, which, in each case, may be made without notice or restriction) so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed. If such protective order or other appropriate remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 obtained with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to DM_US 164459510-10.107145.0012 obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom New System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (iii) as required by under any Interconnection Agreement or any of the DPL Agreements or PJM Agreementsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 8.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 8.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (iincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Parties parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Non-Disclosing Parties may to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised, by opinion of counsel, which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (ii) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non-Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (iincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Bloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by the DPL Agreements or PJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Parties parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Non-Disclosing Parties may to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised, by opinion of counsel, which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (ii) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non- Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed (i) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. Inc., the New York Department of Financial Services or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (ii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Bloom Phase 2 New System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (iii) as required by under any Interconnection Agreement or any of the DPL Agreements or PJM Agreementsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Parties Party with prompt notice of any such disclosure (other than any disclosure in connection with routine regulatory filings, reviews or audits, or requests for regulatory approvals in the ordinary course of the recipient’s business, which, in each case, may be made without notice or restriction) so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive compliance with the non-disclosure provisions of this Section 6.3 obtained with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (ii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (iiB) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Bloom Systemincluding, cash grantbut not limited to, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, (C) by legal or administrative process or (iiiD) as required or requested by the DPL Agreements or PJM Agreementsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Parties with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended.

Legally Compelled Disclosure. Confidential Information may be disclosed (iA) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, Subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (iiB) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Bloom Systemincluding, cash grantbut not limited to, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, (C) by legal or administrative process or (iiiD) as required or requested by the DPL Agreements or PJM Agreementsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Parties with prompt notice so that the other Parties Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Parties waive Party waives compliance with the non-disclosure provisions of this Section 6.3 14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (iiB) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended.