Common use of Nondisclosure Clause in Contracts

Nondisclosure. 14.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers of either or both parties, Providers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 11.1. Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Without limiting the foregoing, Confidential Information shall also include information provided by the MHP Owner/Operator regarding the MHP residents. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 11.2. Notwithstanding the precedingforegoing, Confidential Information may be disclosed to the CPUC and any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including except for affiliates of such partyparty to the extent necessary to implement the provisions of the Agreement, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers customers of either or both parties, Providers providers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 15.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including except for affiliates of such partyparty to the extent necessary to implement the provisions of the Agreement, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers customers of either or both parties, Providers providers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 15.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers of either or both parties, Providers Suppliers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 11.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third partyParty, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. . 11.2 Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this the Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this the Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this the Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 11.3 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. 11.4 No provision of the Agreement shall prohibit the Company from communicating to its Customers and prospective customers, information regarding Supplier’s eligibility to conduct business on the Company’s distribution system. In addition, obligations under this Section 11 shall survive the termination or expiration of the Agreement.

Nondisclosure. 14.1 15.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers of either or both parties, Providers for providers for, or suppliers to, either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 15.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 15.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including except for affiliates of such partyparty to the extent necessary to implement the provisions of the Agreement, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers customers of either or both parties, Providers providers for either party, personnel of either party; party; any trade secrets; secrets; and other information of a similar nature; nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 15.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 10.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, Agreement or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 10.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: that (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 A. Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third partyParty, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers of either or both partiesParties, Providers Suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. . B. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 C. Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. D. No provision of this Agreement shall prohibit the Company from communicating to its Customers and prospective customers information regarding Supplier’s eligibility to conduct business on the Company’s distribution system. In addition, obligations under this Article XI shall survive the termination or expiration of this Agreement.

Nondisclosure. 14.1 11.1 Notwithstanding anything provided below, prior to receiving any PG&E confidential customer information, CCA agrees to enter into the CCA Non-Disclosure Agreement and be bound by its terms with respect to Confidential Information as defined therein. Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, Agreement or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 11.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. If a request for Confidential Information supplied by PG&E is made of CCA under applicable public records laws, including without limitation the City and County of San Francisco Sunshine Ordinance and the California Public Records Act and CCA believes that it is obligated to disclose Confidential Information in response to such request, CCA shall provide PG&E with prompt notice of such request so that PG&E may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Agreement. However, a disclosure that is required by law shall not constitute a breach of this Agreement.

Nondisclosure. 14.1 11.1. Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Without limiting the foregoing, Confidential Information shall also include information provided by the MHP Owner/Operator regarding the MHP residents. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 11.2. Notwithstanding the precedingforegoing, Confidential Information may be disclosed to the CPUC and any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party may disclose To the extent permitted by law, whichever Party receives confidential information (the “Receiving Party”) from the other Party (the “Disclosing Party”) shall not use for any Confidential Information obtained pursuant to purpose other than performing the Work under this Agreement to any third partyor divulge, including affiliates of such partydisclose, produce, publish, or permit access to, without the express prior written consent of the other partyDisclosing Party, any such information of the Disclosing Party. As used hereinConfidential Information includes, the term “Confidential Information” shall include, but not be limited towithout limitation, all businessinformation or materials prepared in connection with the Work performed under this or any related subsequent Agreement, financialdesigns, drawings, specifications, techniques, models, data, documentation, source code, object code, diagrams, flow charts, research, development, processes, procedures, know-how, manufacturing, development or marketing techniques and commercial information pertaining to the partiesmaterials, Customers of either development or both partiesmarketing timetables, Providers for either partystrategies and development plans, personnel of either party; any trade secrets; names and other information related to Contractor, Suppliers, personnel, pricing policies and financial information, and other information of a similar nature; , whether written or in intangible form that is marked proprietary not reduced to writing or confidential with the appropriate owner’s nameother tangible form, and any other trade secrets. Confidential Information shall information does not include (a) information known to either party the Receiving Party prior to obtaining the same from the other party, Disclosing Party; (b) information in the public domain, domain at the time of disclosure by the Receiving Party; or (c) information obtained by a party the Receiving Party from a third party who did notnot receive same, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential InformationDisclosing Party. The receiving party Receiving Party shall use the higher of the standard of care that the receiving party Receiving Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such confidential information. Notwithstanding anything herein to the contrary, the Receiving Party has the right to disclose Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon Information without the request prior written consent of the disclosing partyDisclosing Party: (i) as required by any court or other Governmental Authority, promptly return or destroy all Confidential Information by any stock exchange upon which the shares of the disclosing party then any Party are listed, (ii) as otherwise required by law, (iii) as advisable or required in its possession. 14.2 Notwithstanding the preceding, Confidential Information may be disclosed to connection with any governmental, judicial government or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriatefilings, including intervention without limitation, filings with any regulating authorities covering the relevant financial markets, (iv) to its attorneys, accountants, financial advisors or other agents, in any proceeding and the seeking of any injunction to prohibit such disclosure.each case bound by confidentiality obligations,

Nondisclosure. 14.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates Affiliates of such partyParty, without the express prior written consent of the other partyParty. Each Party acknowledges that the other Party may disclose Confidential Information as it deems necessary to employees and agents of its Company or Affiliates to assist its Company in meeting its obligations under this Agreement. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers of either or both partiesParties, Providers Competitive Suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 11.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, Agreement or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 11.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third partyParty, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers of either or both partiesParties, Providers Suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. . 11.1 Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 11.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. 11.3 No provision of this Agreement shall prohibit the Company from communicating to its Customers and prospective customers information regarding Supplier’s eligibility to conduct business on the Company’s distribution system. In addition, obligations under this Article XI shall survive the termination or expiration of this Agreement.

Nondisclosure. 14.1 10.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, Agreement or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each Subject to the provisions of Section 17.6, each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 10.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: that (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “"Confidential Information” " shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s 's name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.and

Nondisclosure. 14.1 11.1 Notwithstanding anything provided below, prior to receiving any PG&E confidential customer information, CCA agrees to enter into the CCA Non-Disclosure Agreement and be bound by its terms with respect to Confidential Information as defined therein. Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers suppliers for either partyParty, personnel of either party; Party, any trade secrets; , and other information of a similar nature; , whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party who was under an obligation of confidentiality to the other party Party to this Agreement, Agreement or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 11.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 15.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third partyParty, including except for affiliates of such partyParty to the extent necessary to implement the provisions of the Agreement, without the express prior written consent of the other partyParty. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers customers of either or both partiesParties, Providers providers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 15.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, party without the express prior written consent of the other party; except that Company may disclose such information to its affiliates or agents not involved in Generation Service or wholesale merchant functions to the extent that such disclosure is necessary to enable Company to perform its obligations under this Agreement. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers of either or both parties, Providers Suppliers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s nameform. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.

Nondisclosure. 14.1 Neither party may disclose Confidential information received by one Party (the “Receiving Party”) from the other Party (the “Disclosing Party”) shall not be used for any Confidential Information obtained pursuant to purpose other than performing the Work under this Agreement to any third partyand shall not be divulged, including affiliates of such partydisclosed, produced, published, or permitted access to, without the express prior written consent of the other partyDisclosing Party. As used hereinCustomer may disclose any information, the term “including Confidential Information” shall include, but not be limited toas required under state or federal law without prior notice to or consent from Contractor. Confidential Information includes, without limitation, all businessinformation or materials prepared in connection with the Work performed under this or any related subsequent Agreement, financialdesigns, drawings, specifications, techniques, models, data, documentation, source code, object code, diagrams, flow charts, research, development, processes, procedures, know-how, manufacturing, development or marketing techniques and commercial information pertaining to the partiesmaterials, Customers of either development or both partiesmarketing timetables, Providers for either partystrategies and development plans, personnel of either party; any trade secrets; names and other information related to Contractor, Suppliers, personnel, pricing policies and financial information, and other information of a similar nature; , whether written or in intangible form that is marked proprietary not reduced to writing or confidential with the appropriate owner’s nameother tangible form, and any other trade secrets. Confidential Information shall information does not include include: (a) information known to either party the Receiving Party prior to obtaining the same from the other party, Disclosing Party; (b) information in the public domain, domain at the time of disclosure by the Receiving Party; or (c) information obtained by a party the Receiving Party from a third party who did notnot receive same, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential InformationDisclosing Party. The receiving party Receiving Party shall use the higher of the standard of care that the receiving party Receiving Party uses to preserve its own Confidential Information confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shallNotwithstanding anything herein to the contrary, upon termination of this Agreement or at any time upon the request Receiving Party has the right to disclose Confidential Information without the prior written consent of the disclosing partyDisclosing Party: (i) as required by any court or other Governmental Authority, promptly return or destroy all by any stock exchange upon which the shares of any Party are listed; (ii) as otherwise required by law; (iii) as advisable or required in connection with any government or regulatory filings, including without limitation, filings with any regulating authorities covering the relevant financial markets; (iv) to its attorneys, accountants, financial advisors or other agents, in each case bound by confidentiality obligations; (v) to banks, investors and other financing sources and their advisors, in each case bound by confidentiality obligations; or (vi) in connection with an actual or prospective merger or acquisition or similar transaction where the party receiving the Confidential Information is bound by confidentiality obligations. If a Receiving Party believes that it will be compelled by a court or other Governmental Authority to disclose Confidential Information of the disclosing party then Disclosing Party, it shall give the Disclosing Party prompt written notice, and in its possession. 14.2 all cases not less than five (5) Business Days notice in advance of disclosure, so that the Disclosing Party may determine whether to take steps to oppose such disclosure. Notwithstanding the precedingforegoing, Confidential Information may be disclosed Contractor acknowledges that this Agreement, once fully executed and approved by the Customer’s Board of Trustees, is public information, subject to any governmentalrelease in response to public information requests under California Government Code § 6250 et seq. (Public Records Act). Customer shall use reasonable efforts, judicial or regulatory authority requiring such Confidential Information pursuant subject to any applicable state and federal law, regulation, ruling, to prevent or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice limit disclosure of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosureConfidential Information.

Nondisclosure. 14.1 Neither party Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such partyParty, without the express prior written consent of the other party. As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the partiesParties, Customers of either or both partiesParties, Providers Suppliers for either partyParty, personnel of either partyParty; any trade secrets; and other information of a similar nature; whether written or in intangible form that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party Party prior to obtaining the same from the other partyParty, information in the public domain, or information obtained by a party Party from a third party who did not, directly or indirectly, receive the same from the other party Party to this Agreement or from a party Party who was under an obligation of confidentiality to the other party Party to this Agreement, or information developed by either party Party independent of any Confidential Information. The receiving party Party shall use the higher of the standard of care that the receiving party Party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party Party shall, upon termination of this Agreement or at any time upon the request of the disclosing partyParty, promptly return or destroy all Confidential Information of the disclosing party Party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. In addition, nothing in this Agreement shall prohibit Company from communicating to its customers and prospective customers’ information regarding Supplier's approval to do business on Company's distribution system. Obligations under this Section XII shall survive the termination or expiration of this Agreement.

Nondisclosure. 14.1 Neither party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such party, without the express prior written consent of the other party, any Confidential Information (as defined below) obtained pursuant to this Agreement. Supplier acknowledges that Company may disclose Confidential Information of the Supplier as it deems necessary to employees and agents of the Company and/or Northeast Utilities Service Company, to assist the Company in meeting its obligations under this Agreement . As used herein, the term “Confidential Information” shall include, but not be limited to, all business, financial, and commercial information pertaining to the parties, Customers of either or both parties, Providers for either party, personnel of either party; any trade secrets; and other information of a similar nature; whether written or in intangible form form, that is marked proprietary or confidential with the appropriate owner’s name. Confidential Information shall not include information known to either party prior to obtaining the same from the other party, information in the public domain, or information obtained by a party from a third party who did not, directly or indirectly, receive the same from the other party to this Agreement or from a party who was under an obligation of confidentiality to the other party to this Agreement, or information developed by either party independent of any Confidential Information. The receiving party shall use the higher of the standard of care that the receiving party uses to preserve its own Confidential Information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving party shall, upon termination of this Agreement or at any time upon the request of the disclosing party, promptly return or destroy all Confidential Information of the disclosing party then in its possession. 14.2 . Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure.