Common use of Notice and Protective Order Clause in Contracts

Notice and Protective Order. (a) If an Other Party, or any of them, any Affiliate of such Other Party, its general partner(s), its Limited Partners or Persons that directly or indirectly control any Limited Partner, or to its knowledge any of their respective directors, agents or Representatives, as applicable, become legally compelled to disclose any Confidential Information of the Counterparty, such Other Party will provide the Counterparty with prompt notice to that effect in order to allow the Counterparty to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the Counterparty and its legal counsel to the fullest extent at the Counterparty’s cost and expense. If such protective orders or other remedies are not obtained, such Other Party will disclose or cause such other Person to disclose, only that portion of the Confidential Information of the Counterparty which such Other Party or such Person is legally compelled to disclose, only to such Person or Persons to which such Other Party or such Person is legally compelled to disclose, and such Other Party shall provide notice to each such recipient (in co-operation with legal counsel for the Counterparty) that such Confidential Information of the Counterparty is confidential and subject to non-disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of the Counterparty subject to those terms and conditions. (b) If the Counterparty (which for greater certainty and for the purposes of this Section 6.4 includes the System Operator), or any of its directors, agents or Representatives or, to the knowledge of the Counterparty, any Affiliate of the Counterparty including the Ministry of Energy or the Ontario Financing Authority, become legally compelled to disclose any Confidential Information of an Other Party (or any of them), the Counterparty will provide such Other Party with prompt notice to that effect in order to allow such Other Party to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with such Other Party and its legal counsel to the fullest extent at such Other Party’s cost and expense. If such protective orders or other remedies are not obtained, the Counterparty will disclose, or cause such Person to disclose (or, in the case of the Ministry of Energy and the Ontario Financing Authority, request that such Persons disclose), only that portion of Confidential Information of such Other Party which the Counterparty or such Person is legally compelled to disclose, only to such Person or Persons to which the Counterparty or such Person is legally compelled to disclose, and the Counterparty shall provide notice to each such recipient (in co-operation with legal counsel for such Other Party) that such Confidential Information of such Other Party is confidential and subject to non-disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of such Other Party subject to those terms and conditions.

Notice and Protective Order. (a) If an Other Party, or any of them, any Affiliate of such Other Party, its general partner(s), its Limited Partners or Persons and the shareholders that directly or indirectly control any Limited Partner, or to its knowledge any of their respective directors, agents officers, employees, agents, representatives or Representativesadvisors, as applicable, become legally compelled to disclose any Confidential Information of the Counterparty, such Other Party will provide the Counterparty with prompt notice to that effect in order to allow the Counterparty to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the Counterparty and its legal counsel to the fullest extent at the Counterparty’s cost and expense. If such protective orders or other remedies are not obtained, such Other Party will disclose or cause such other Person to disclose, only that portion of the Confidential Information of the Counterparty which such Other Party or such Person is legally compelled to disclose, only to such Person or Persons to which such Other Party or such Person is legally compelled to disclose, and such Other Party shall provide notice to each such recipient (in co-operation with legal counsel for the Counterparty) that such Confidential Information of the Counterparty is confidential and subject to non-non- disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of the Counterparty subject to those terms and conditions. (b) If the Counterparty (which for greater certainty and for Counterparty, any Affiliate of the purposes of this Section 6.4 includes the System Operator)Counterparty, or any of its their respective directors, agents officers, employees, agents, representatives or Representatives advisors or, to the knowledge of the Counterparty, any Affiliate of the Counterparty including the Ministry of Energy or the Ontario Financing Authority, become legally compelled to disclose any Confidential Information of an Other Party (or any of them), the Counterparty will provide such Other Party with prompt notice to that effect in order to allow such Other Party to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with such Other Party and its legal counsel to the fullest extent at such Other Party’s cost and expense. If such protective orders or other remedies are not obtained, the Counterparty will disclose, or cause such Person to disclose (or, in the case of the Ministry of Energy and the Ontario Financing Authority, request that such Persons disclose), only that portion of Confidential Information of such Other Party which the Counterparty or such Person is legally compelled to disclose, only to such Person or Persons to which the Counterparty or such Person is legally compelled to disclose, and the Counterparty shall provide notice to each such recipient (in co-operation with legal counsel for such Other Party) that such Confidential Information of such Other Party is confidential and subject to non-non- disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of such Other Party subject to those terms and conditions.

Notice and Protective Order. (a) If an Other Partyeither Generator, or any both of them, any Affiliate of such Other PartyGenerator, its general partner(s), its Limited Partners or Persons and the shareholders that directly or indirectly control Control any Limited Partner, or to its knowledge any of their respective directors, agents officers, employees, agents, representatives or Representatives, as applicableadvisors, become legally compelled to disclose any Confidential Information of the Counterparty, such Other Party Generator will provide the Counterparty with prompt notice to that effect in order to allow the Counterparty to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the Counterparty and its legal counsel to the fullest extent at the Counterparty’s cost and expense. If such protective orders or other remedies are not obtained, such Other Party Generator will disclose or cause such other Person to disclose, only that portion of the Confidential Information of the Counterparty which such Other Party Generator or such Person is legally compelled to disclose, only to such Person or Persons to which such Other Party Generator or such Person is legally compelled to disclose, and such Other Party Generator shall provide notice to each such recipient (in co-operation with legal counsel for the Counterparty) that such Confidential Information of the Counterparty is confidential and subject to non-disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of the Counterparty subject to those terms and conditions. (b) If the Counterparty (which for greater certainty and for Counterparty, any Affiliate of the purposes of this Section 6.4 includes the System Operator)Counterparty, or any of its their respective directors, agents officers, employees, agents, representatives or Representatives advisors or, to the knowledge of the Counterparty, any Affiliate of the Counterparty including the Ministry of Energy or the Ontario Financing Authority, become legally compelled to disclose any Confidential Information of an Other Party either Generator (or any both of them), the Counterparty will provide such Other Party Generator with prompt notice to that effect in order to allow such Other Party Generator to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with such Other Party Generator and its legal counsel to the fullest extent at such Other PartyGenerator’s cost and expense. If such protective orders or other remedies are not obtained, the Counterparty will disclose, or cause such Person to disclose (or, in the case of the Ministry of Energy and the Ontario Financing Authority, request that such Persons disclose), only that portion of Confidential Information of such Other Party Generator which the Counterparty or such Person is legally compelled to disclose, only to such Person or Persons to which the Counterparty or such Person is legally compelled to disclose, and the Counterparty shall provide notice to each such recipient (in co-operation with legal counsel for such Other PartyGenerator) that such Confidential Information of such Other Party Generator is confidential and subject to non-disclosure on terms and conditions equal to those contained in this Agreement and, if practicable, shall obtain each recipient’s written agreement to receive and use such Confidential Information of such Other Party Generator subject to those terms and conditions.