Operator Confidential Information. Owner shall maintain the confidentiality of all Operator Confidential Information (as defined below); provided, however, that Owner may disclose Operator Confidential Information (i) in order to permit Operator to perform the services hereunder as determined in advance by Operator in writing (provided, however, that if Operator does not consent to such disclosure and as a result thereof, Operator is not able to perform the services hereunder, Owner shall not be in breach of this Agreement as a result thereof); (ii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Operator or its Affiliates and Owner or its Affiliates arising hereunder; (iii) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Owner shall promptly notify Operator thereof and, if requested by Operator, at Operator’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (iv) if authorized by Operator in writing; and (v) to the extent such Operator Confidential Information was already known to Owner (through a source other than Operator or its representatives or Affiliates) or becomes publicly available (other than through a breach by Owner of its obligations arising under this Section 13.1(b)) or is independently made known to Owner or its Affiliates (by a source not known by Owner or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Owner acknowledges and agrees that (x) the Operator Confidential Information is being furnished to it for the sole and exclusive purpose of enabling Operator to perform the services hereunder and (y) the Operator Confidential Information may not be used by Owner for any other purposes, unless disclosure is permitted by clauses (i), (ii), (iii) and (iv) above, and in such event may be used solely to the extent contemplated by such clauses, or by clause (v). For the purposes of this Agreement, the term “Operator Confidential Information” shall have the meaning given to the term “Manager Confidential Information” in the Services Agreement, and references to “Services” therein shall be deemed to include the services hereunder.
Operator Confidential Information. Subject to Section 16.04, Owner shall keep confidential and will not disclose to any Person any information, data, documents, secrets and affairs relating to Operator and designated by Operator as confidential or proprietary (the “Operator Confidential Information”).
