Common use of Obligations of Protection Clause in Contracts

Obligations of Protection. Proper and appropriate steps shall be taken and maintained by the Receiving Party, at all times, to protect the Confidential Information received. Dissemination of Confidential Information shall be limited to employees or agents that are directly involved with discussions contemplated by this Agreement, and even then only to such extent as is necessary and essential. The Parties shall inform their employees and agents of the confidential nature of the information disclosed hereunder and cause all such employees and agents to abide by the terms of this Agreement. In addition, each Party may disclose Confidential Information regarding the Ethanol Facility and the performance of the Master Agreement, including the material terms thereof, to the Financing Parties as defined in the Master Agreement and to financial institutions and other Persons providing or expressing interest in providing debt financing or refinancing, lease financing and/or other credit support to Producer in connection with the construction and operation of the Ethanol Facility, and to the agent or trustee of any of them, to rating agencies, to Persons to which offering statements or other disclosure documents associated with the private or public offering of debt securities by or on behalf of Producer are provided and to Persons that are potential equity transferees or purchasers of the Ethanol Facility; provided, however, that such Persons agree to bound by the terms hereof or otherwise agree to maintain the confidential nature of the information hereof in a manner reasonably acceptable to the Parties. Notwithstanding the foregoing, (i) each Party may publish information regarding the Master Agreement or the Ethanol Facility with the express written consent of the other Party, which consent shall not be unreasonably withheld, and (ii) each Party may provide information with respect to the Master Agreement and the Ethanol Facility to its board members and equity owners consistent with its internal governance practices.

Obligations of Protection. Proper and appropriate steps shall be taken and maintained by the Receiving Party, at all times, to protect the Confidential Information received. Dissemination of Confidential Information shall be limited to employees or agents that are directly involved with discussions contemplated by this Agreement, and even then only to such extent as is necessary and essential. Notwithstanding the foregoing, Cargill may disseminate the Master Agreement, the Goods and Services Agreements and ancillary transactional documents to its Affiliates and each of Cargill’s and its Affiliate’s respective employees and consultants who are not directly involved with the discussions contemplated by this Agreement. The Parties shall inform their employees and agents of the confidential nature of the information disclosed hereunder and cause all such employees and agents to abide by the terms of this Agreement. In addition, each Party may disclose Confidential Information regarding the Ethanol Facility and the performance of the Master AgreementAgreement and Goods and Services Agreements, including the material terms thereof, to the Financing Parties as defined in the Master Agreement and to (i) financial institutions and other Persons providing or expressing bona fide interest in providing debt financing or refinancing, lease financing and/or other credit support to Producer in connection with the construction and operation of the Ethanol Facility, and to the agent or trustee of any of them, to (ii) rating agencies, to (iii) Persons to which offering statements or other disclosure documents associated with the private or public offering of debt securities by or on behalf of Producer are provided and to provided, (iv) Persons that are potential equity transferees or purchasers of the Ethanol Facility, and (v) board members and equity owners consistent with its internal governance practices; provided, however, that such Persons agree to bound by the terms hereof or otherwise agree to maintain the confidential nature of the information hereof in a manner reasonably acceptable to the Parties. Notwithstanding the foregoing, (i) each Party may publish information regarding the Master Agreement or the Ethanol Facility with the express written consent of the other Party, which consent shall not be unreasonably withheld, and (ii) each Party may provide information with respect to the Master Agreement and the Ethanol Facility to its board members and equity owners consistent with its internal governance practices.