Common use of Owner’s Use Clause in Contracts

Owner’s Use. (i) Owners agree to use Confidential and Proprietary Information provided by Service Provider and copies thereof, including Licensed IP and Deliverables, solely for the purposes of Facility (and associated simulators) construction, testing, completion of ITAACs, start-up, trouble-shooting, response to plant events, inspection, evaluation of system or component performance, scheduling, investigations, operation, maintenance, training, repair, licensing, modification, decommissioning and compliance with Laws or Government Authorities (collectively, the “Facility Purposes”). Nothing herein grants the right to Owners (or implies a license under any patent) to sell, license, lease, or cause to have sold any Confidential and Proprietary Information supplied by Service Provider under this Agreement. (ii) Title to Confidential and Proprietary Information provided by Service Provider to Owners and all copies made by or for Owners in whole or in part from such Confidential and Proprietary Information remains with Service Provider. Owners shall include Service Provider’s confidential or proprietary markings as provided by Service Provider on all copies thereof and excerpts made therefrom except with respect to excerpts made or used internally by Owners for Facility Purposes; provided, however, that Owners shall destroy any such excerpts which do not include Service Provider’s confidential or proprietary markings when no longer needed for the purpose for which they were made. Except as otherwise provided under this Section 14.4 or Section 14.5, Owners agree to keep such Confidential and Proprietary Information confidential, to use such Confidential and Proprietary Information only for the Facility Purposes and not to sell, transfer, sublicense, disclose or otherwise make available any of such Confidential and Proprietary Information to others (other than Affiliates and Representatives). However, nothing in this Article 14 shall prevent Owners from disclosing Confidential and Proprietary Information of Service Provider or its Affiliates as required by Law or an order of a Government Authority (including without limitation the COL and/or Georgia PSC Certification Order); provided that Owners shall, if Owners have adequate advance notice, give Service Provider reasonable notice so as to allow Service Provider to seek a protective order or similar protection. If, in the opinion of Owners’ legal counsel and in the absence of a protective order or waiver, Owners are legally compelled to disclose Confidential and Proprietary Information, Owners will disclose only the minimum amount of such information or data as, in the opinion of Owners’ legal counsel, is legally required. In any such event, Owners agree to use good faith efforts to ensure that Confidential and Proprietary Information that is so disclosed will be accorded confidential treatment. (iii) Service Provider hereby grants to Owners and their Affiliates, officers, directors, employees, attorneys and Representatives who have a need for access to know such Confidential and Proprietary Information reasonably related to the exercise of any rights of the Owners hereunder a transferable (but only as part of the sale or transfer of the Facility or the operating responsibilities related thereto), royalty-free, fully paid up, irrevocable, nonexclusive, perpetual license to use and copy Service Provider’s Confidential and Proprietary Information but only for the Facility Purposes (and for the associated simulators).

Owner’s Use. (i) Owners agree not to use Confidential and Proprietary Information provided by Service Provider and Contractor or copies thereof, including Licensed IP and Deliverables, thereof unless such use is solely for the purposes of Facility (and associated simulatorssimulator) construction, testing, completion of ITAACs, start-up, trouble-shooting, response to plant events, inspection, evaluation of system or component performance, scheduling, investigations, operation, maintenance, training, repair, licensing, modification, decommissioning and compliance with Laws or Government Authorities (collectively, the “Facility Purposes”). Nothing herein grants the right to Owners (or implies a license under any patent) to sell, license, lease, or cause to have sold any Confidential and Proprietary Information supplied by Service Provider Contractor under this Agreement. (ii) Title to Confidential and Proprietary Information provided by Service Provider Contractor to Owners and all copies made by or for Owners in whole or in part from such Confidential and Proprietary Information remains with Service ProviderContractor. Owners shall include Service ProviderContractor’s confidential or proprietary markings as provided by Service Provider Contractor on all copies thereof and excerpts made therefrom except with respect to excerpts made or used internally by Owners for Facility Purposes; provided, however, that Owners shall destroy any such excerpts which do not include Service ProviderContractor’s confidential or proprietary markings when no longer needed for the purpose for which they were made. Except as otherwise provided under this Section 14.4 19.2 or Section 14.519.3, Owners agree to keep such Confidential and Proprietary Information confidential, to use such Confidential and Proprietary Information only for the Facility Purposes and not to sell, transfer, sublicense, disclose or otherwise make available any of such Confidential and Proprietary Information to others (other than Affiliates and RepresentativesAffiliates). However, nothing in this Article 14 19 shall prevent Owners from disclosing Confidential and Proprietary Information of Service Provider Contractor or its Affiliates as required by Law or an order of a Government Authority (including without limitation the COL and/or Georgia PSC Certification Order); provided that Owners shall, if Owners have adequate advance notice, give Service Provider Contractor reasonable notice so as to allow Service Provider Contractor to seek a protective order or similar protection. If, in the opinion of Owners’ legal counsel and in the absence of a protective order or waiver, Owners are legally compelled to disclose Confidential and Proprietary Information, Owners will disclose only the minimum amount of such information or data as, in the opinion of Owners’ legal counsel, is legally required. In any such event, Owners agree to use good faith efforts to ensure that Confidential and Proprietary Information that is so disclosed will be accorded confidential treatment. (iii) Service Provider Contractor hereby grants to Owners and their Affiliates, officers, directors, employees, employees or attorneys and Representatives who have a need for access to know such Confidential and Proprietary Information reasonably related to the exercise of any rights of the Owners hereunder a transferable (but only as part of the sale or transfer of the Facility or the operating responsibilities related thereto), royalty-free, fully paid up, irrevocable, nonexclusive, perpetual license to use and copy Service ProviderContractor’s Confidential and Proprietary Information but only for the Facility Purposes (and for the associated simulatorssimulator).

Owner’s Use. (i) Owners agree Owner agrees not to use Confidential and Proprietary Information Data provided by Service Provider and Contractor or copies thereof, including Licensed IP and Deliverables, thereof unless such use is solely for the purposes of the Facility (and associated simulators) constructionsimulator), testingin connection with design, completion construction and installation of ITAACsthe Facility, start-upthe simulator, and ancillary facilities, trouble-shooting, response to plant events, inspection, evaluation of system or component performance, scheduling, investigations, initial fuel loading, refueling, operation, maintenance, management, procurement, testing, training, repair, licensing, modification, decommissioning decommissioning, ensuring the safety of the Facility, simulator and ancillary facilities and compliance with Laws or Government Authorities (collectively, the “"Facility Purposes”"). Nothing herein grants the right to Owners Owner (or implies a license under any patent) to sell, license, lease, or cause to have sold any Confidential and Proprietary Information Data supplied by Service Provider Contractor under this Agreement. (ii) Title to Confidential and Proprietary Information Data provided by Service Provider Contractor to Owners Owner and all copies made by or for Owners Owner in whole or in part from such Confidential and Proprietary Information Data remains with Service ProviderContractor. Owners Owner shall include Service ProviderContractor’s confidential or proprietary markings as provided by Service Provider Contractor on all copies thereof and excerpts made therefrom except with respect to excerpts made or used internally by Owners Owner for Facility Purposes; provided, however, that Owners Owner shall destroy any such excerpts which do not include Service ProviderContractor’s confidential or proprietary markings when no longer needed for the purpose for which they were made. Except as otherwise provided under this Section 14.4 19.2 or Section 14.519.3, Owners agree Owner agrees to keep such Confidential and Proprietary Information Data confidential, to use such Confidential and Proprietary Information Data only for the Facility Purposes and not to sell, transfer, sublicense, disclose or otherwise make available any of such Confidential and Proprietary Information Data to others (other than Affiliates and RepresentativesAffiliates). However, nothing in this Article 14 19 shall prevent Owners Owner from disclosing Confidential and Proprietary Information Data of Service Provider Contractor or its Affiliates as required by Law or an order of a Government Authority (including including, without limitation limitation, the COL and/or Georgia PSC Certification OrderCOL); provided that Owners Owner shall, if Owners have Owner has adequate advance notice, give Service Provider Contractor reasonable notice so as to allow Service Provider Contractor to seek a protective order or similar protection. If, in the opinion of Owners’ Owner’s legal counsel and in the absence of a protective order or waiver, Owners are Owner is legally compelled to disclose Confidential and Proprietary InformationData, Owners Owner will disclose only the minimum amount of such information or data as, in the opinion of Owners’ Owner’s legal counsel, is legally required. In any such event, Owners agree Owner agrees to use good faith efforts to ensure that Confidential and Proprietary Information Data that is so disclosed will be accorded confidential treatment. (iii) Service Provider Contractor hereby grants to Owners Owner and their its Affiliates, officers, directors, employees, employees or attorneys and Representatives who have a need for access to know such Confidential and Proprietary Information Data reasonably related to the exercise of any rights of the Owners Owner hereunder a transferable (but only as part of the sale or transfer of the Facility or the operating responsibilities related thereto), royalty-free, fully paid up, irrevocableperpetual and irrevocable (unless terminated for the reasons set forth in Sections 22.3, nonexclusive22.4, perpetual or 22.5), nonexclusive license to use and copy Service ProviderContractor’s Confidential and Proprietary Information Data but only for the Facility Purposes (and for the associated simulatorssimulator). (iv) Owner may designate one or more entities as an Owner's Engineer. Contractor understands and recognizes that Owner intends to utilize a Third Party or parties as Owner's Engineer(s) for Facility Purposes in the day-to-day overall operations, maintenance and service of the Facility and each Unit. Upon such designation by Owner and written approval from Contractor, which shall not be unreasonably withheld, delayed or conditioned and, provided such grant is not explicitly prohibited in Contractor’s existing Subcontracts, Contractor shall be deemed to have granted to the Owner's Engineer a fully paid- up, royalty-free, non-exclusive, nontransferable and nonassignable right and license to use the applicable deliverable portion of the AP1000 Facility Information (including the categories of information described on Table 2-1 of Exhibit A) and any released AP1000 Facility Information solely during the term that Owner's Engineer performs services for Owner in connection with the Facility and solely for the Facility Purposes. In the event a Contractor’s Subcontractor does not permit Contractor to sublicense Subcontractor information for this purpose, Contractor agrees to employ commercially reasonable efforts to jointly negotiate with Owner and said Subcontractor to attempt to secure a license for Owner's Engineer. Notwithstanding the above, no written approval is required from Contractor in the event of a termination of the Agreement under Section 22.2(a).

Owner’s Use. (i) Owners agree Owner agrees not to use Confidential and Proprietary Information Data provided by Service Provider and Contractor or copies thereof, including Licensed IP and Deliverables, thereof unless such use is solely for the purposes of the Facility (and associated simulators) constructionsimulator), testingin connection with design, completion construction and installation of ITAACsthe Facility, start-upthe simulator, and ancillary facilities, trouble-shooting, response to plant events, inspection, evaluation of system or component performance, scheduling, investigations, initial fuel loading, refueling, operation, maintenance, management, procurement, testing, training, repair, licensing, modification, decommissioning decommissioning, ensuring the safety of the Facility, simulator and ancillary facilities and compliance with Laws or Government Authorities (collectively, the “"Facility Purposes”"). Nothing herein grants the right to Owners Owner (or implies a license under any patent) to sell, license, lease, or cause to have sold any Confidential and Proprietary Information Data supplied by Service Provider Contractor under this Agreement. (ii) Title to Confidential and Proprietary Information Data provided by Service Provider Contractor to Owners Owner and all copies made by or for Owners Owner in whole or in part from such Confidential and Proprietary Information Data remains with Service ProviderContractor. Owners Owner shall include Service ProviderContractor’s confidential or proprietary markings as provided by Service Provider Contractor on all copies thereof and excerpts made therefrom except with respect to excerpts made or used internally by Owners Owner for Facility Purposes; provided, however, that Owners Owner shall destroy any such excerpts which do not include Service ProviderContractor’s confidential or proprietary markings Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures when no longer needed for the purpose for which they were made. Except as otherwise provided under this Section 14.4 19.2 or Section 14.519.3, Owners agree Owner agrees to keep such Confidential and Proprietary Information Data confidential, to use such Confidential and Proprietary Information Data only for the Facility Purposes and not to sell, transfer, sublicense, disclose or otherwise make available any of such Confidential and Proprietary Information Data to others (other than Affiliates and RepresentativesAffiliates). However, nothing in this Article 14 19 shall prevent Owners Owner from disclosing Confidential and Proprietary Information Data of Service Provider Contractor or its Affiliates as required by Law or an order of a Government Authority (including including, without limitation limitation, the COL and/or Georgia PSC Certification OrderCOL); provided that Owners Owner shall, if Owners have Owner has adequate advance notice, give Service Provider Contractor reasonable notice so as to allow Service Provider Contractor to seek a protective order or similar protection. If, in the opinion of Owners’ Owner’s legal counsel and in the absence of a protective order or waiver, Owners are Owner is legally compelled to disclose Confidential and Proprietary InformationData, Owners Owner will disclose only the minimum amount of such information or data as, in the opinion of Owners’ Owner’s legal counsel, is legally required. In any such event, Owners agree Owner agrees to use good faith efforts to ensure that Confidential and Proprietary Information Data that is so disclosed will be accorded confidential treatment. (iii) Service Provider Contractor hereby grants to Owners Owner and their its Affiliates, officers, directors, employees, employees or attorneys and Representatives who have a need for access to know such Confidential and Proprietary Information Data reasonably related to the exercise of any rights of the Owners Owner hereunder a transferable (but only as part of the sale or transfer of the Facility or the operating responsibilities related thereto), royalty-free, fully paid up, irrevocableperpetual and irrevocable (unless terminated for the reasons set forth in Sections 22.3, nonexclusive22.4, perpetual or 22.5), nonexclusive license to use and copy Service ProviderContractor’s Confidential and Proprietary Information Data but only for the Facility Purposes (and for the associated simulatorssimulator). (iv) Owner may designate one or more entities as an Owner's Engineer. Contractor understands and recognizes that Owner intends to utilize a Third Party or parties as Owner's Engineer(s) for Facility Purposes in the day-to-day overall operations, maintenance and service of the Facility and each Unit. Upon such designation by Owner and written approval from Contractor, which shall not be unreasonably withheld, delayed or conditioned and, provided such grant is not explicitly prohibited in Contractor’s existing Subcontracts, Contractor shall be deemed to have granted to the Owner's Engineer a fully paid-up, royalty-free, non-exclusive, nontransferable and nonassignable right and license to use the applicable deliverable portion of the AP1000 Facility Information (including the categories of information described on Table 2-1 of Exhibit A) and any released AP1000 Facility Information solely during the term that Owner's Engineer performs services for Owner in connection with the Facility and solely for the Facility Purposes. In the event a Contractor’s Subcontractor does not permit Contractor to sublicense Subcontractor information for this purpose, Contractor agrees to employ commercially reasonable efforts to jointly negotiate with Owner and said Subcontractor to attempt to secure a license for Owner's Engineer. Notwithstanding the above, no written approval is required from Contractor in the event of a termination of the Agreement under Section 22.2(a).

Owner’s Use. (i) Owners agree not to use Confidential and Proprietary Information provided by Service Provider and Contractor or copies thereof, including Licensed IP and Deliverables, solely for the purposes of Facility (and associated simulators) construction, testing, completion of ITAACs, start-up, trouble-shooting, response to plant events, inspection, evaluation of system or component performance, scheduling, investigations, operation, maintenance, training, repair, licensing, modification, decommissioning and compliance with Laws or Government Authorities thereof unless [***] (collectively, the “Facility Purposes”). Nothing herein grants the right to Owners (or implies a license under any patent) to sell, license, lease, or cause to have sold any Confidential and Proprietary Information supplied by Service Provider Contractor under this Agreement. (ii) Title to Confidential and Proprietary Information provided by Service Provider Contractor to Owners and all copies made by or for Owners in whole or in part from such Confidential and Proprietary Information remains with Service ProviderContractor. Owners shall include Service ProviderContractor’s confidential or proprietary markings as provided by Service Provider Contractor on all copies thereof and excerpts made therefrom except with respect to excerpts made or used internally by Owners for Facility Purposes; provided, however, that Owners shall destroy any such excerpts which do not include Service ProviderContractor’s confidential or proprietary markings when no longer needed for the purpose for which they were made. Except as otherwise provided under this Section 14.4 19.2 or Section 14.519.3, Owners agree to keep such Confidential and Proprietary Information confidential, to use such Confidential and Proprietary Information only for the Facility Purposes and not to sell, transfer, sublicense, disclose or otherwise make available any of such Confidential and Proprietary Information to others (other than Affiliates and RepresentativesAffiliates). However, nothing in this Article 14 19 shall prevent Owners from disclosing Confidential and Proprietary Information of Service Provider Contractor or its Affiliates as required by Law or an order of a Government Authority (including without limitation the COL and/or Georgia PSC Certification Order); provided that Owners shall, if Owners have adequate advance notice, give Service Provider Contractor reasonable notice so as to allow Service Provider Contractor to seek a protective order or similar protection. If, in the opinion of Owners’ legal counsel and in the absence of a protective order or waiver, Owners are legally compelled to disclose Confidential and Proprietary Information, Owners will disclose only the minimum amount of such information or data as, in the opinion of Owners’ legal counsel, is legally required. In any such event, Owners agree to use good faith efforts to ensure that Confidential and Proprietary Information that is so disclosed will be accorded confidential treatment. (iii) Service Provider Contractor hereby grants to Owners and their Affiliates, officers, directors, employees, employees or attorneys and Representatives who have a need for access to know such Confidential and Proprietary Information reasonably related to the exercise of any rights of the Owners hereunder a transferable (but only as part of the sale or transfer of the Facility or the operating responsibilities related thereto), royalty-free, fully paid up, irrevocable, nonexclusive, perpetual license to use and copy Service ProviderContractor’s Confidential and Proprietary Information but only for the Facility Purposes (and for the associated simulatorssimulator).