Limitations on Seller’s Use of Information. Seller agrees to limit the availability and disclosure of information with respect to tagging, scheduling, offering, bidding, dispatch, settlements, Generation Forecasts, Outages, Unit Contingencies and other limitations and operational information relating to the Facility or this Agreement exclusively to the tagging, scheduling, operations and asset management personnel designated by Seller to Buyer in writing from time to time who are primarily responsible for the day-to-day operation and/or management of the Facility. Seller and such personnel (including any designated Market Participant) may use all such information only for the limited purpose of operating, tagging, scheduling and offering the Facility as contemplated hereunder and performing their respective directly related duties under this Agreement. Without limiting the generality of the foregoing, Seller and such personnel are expressly forbidden from using, directly or indirectly, any such information, or knowledge thereof, (a) in connection with any activity in which Buyer, on the one hand, and Seller (or, if it does not employ its personnel, the employer(s) of such personnel) and/or its (or their) Affiliates, on the other hand, compete or where the knowledge or possession of such information would provide, or would reasonably be expected to provide, Seller (or such employer(s)) and/or its (or their) Affiliates with a competitive advantage or (b) in contravention, violation, or breach of any applicable Law, code of conduct, or binding agreement, including the Confidentiality Agreement. Seller shall be responsible for any unauthorized disclosure or use by personnel designated by Seller or performing work for or on behalf of Seller or any of its Affiliates of any of the information protected under this Section 8.3.
Appears in 16 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
