Common use of Permitted Disclosure of Confidential Information Clause in Contracts

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of clause 30.1 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 by either Party to any Responsible Authority (where for the purposes of this clause 30.3 (Permitted disclosure of Confidential Information) such definition shall be limited to South Africa) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of clause 30.1 19.1 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 19.3.1 by either Party to any Responsible Authority (where for the purposes of this clause 30.3 19.3 (Permitted disclosure of Confidential Information) such definition shall be limited to South Africa) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 19.3.1.1 such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 19.3.1.2 such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 19.3.2 by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 19.3.3 by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 19.3.4 by the Buyer to the Distributor as may be necessary to enable the Distributor to operate the Distribution System and carry out its obligations in relation thereto as a Reasonable and Prudent Operator (including in relation to the application by any person for connection to the Distribution System), provided that: 19.3.4.1 only Confidential Information which is necessary for such purpose is disclosed by the Buyer to the Distributor; and 19.3.4.2 the Buyer notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; 19.3.5 by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 19.3.6 by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of clause 30.1 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 30.3.1 by either Party to any Responsible Authority (where for the purposes of this clause 30.3 (Permitted disclosure of Confidential Information) such definition shall be limited to South Africa) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 30.3.1.1 such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 30.3.1.2 such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 30.3.2 by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 30.3.3 by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 30.3.4 by the Buyer to the Distributor or NTC, as applicable, as may be necessary to enable the Distributor or NTC to operate the System and carry out its obligations in relation thereto as a Reasonable and Prudent Operator (including in relation to the application by any person for connection to the System), provided that: 30.3.4.1 only Confidential Information which is necessary for such purpose is disclosed by the Buyer to the Distributor or NTC, as applicable; and 30.3.4.2 the Buyer notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; 30.3.5 by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 30.3.6 by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. ‌ Notwithstanding the provisions of this clause 30.1 20 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 20.3.1 by either Party to any Responsible Authority (where for the purposes of this clause 30.3 20.3 (Permitted disclosure of Confidential Information) such definition shall be limited to South Africa) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 20.3.1.1 such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 20.3.1.2 such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 20.3.2 by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 20.3.3 by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 20.3.4 by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 20.3.5 by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of clause 30.1 Clause 28.1 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 28.3.1 by either Party to any Responsible Competent Authority (where for the purposes of this clause 30.3 Clause 28.3 (Permitted disclosure of Confidential Information) such definition shall be limited to South AfricaAfrica but shall apply to any Government, any sphere thereof, any ministry, any executive, legislative, administrative or quasi- governmental regulator, department, body, instrumentality, agency or authority in any relevant jurisdiction) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 (a) such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 (b) such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 28.3.2 by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 28.3.3 by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 28.3.4 by the either Party to the Distributor or Eskom, as applicable, as may be necessary to enable the Distributor or Eskom (as the case may be) to operate the System and carry out its obligations in relation thereto as a Reasonable and Prudent Operator (including in relation to the application by any person for connection to the System), provided that: (a) only Confidential Information which is necessary for such purpose is disclosed by such Party to the Distributor or Eskom, as applicable; and (b) the disclosing Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; 28.3.5 by either Party if required by any court, any arbitrator or administrative tribunal or an expert Expert in the course of proceedings before it to which the disclosing Party is a partyParty; or 31.3.5 28.3.6 by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of clause 30.1 Clause 28.1 (Confidential Information), the Confidential Information may be disclosed: 31.3.1 (a) by either Party to any Responsible Competent Authority (where for the purposes of this clause 30.3 Clause 28.3 (Permitted disclosure of Confidential Information) such definition shall not be limited to South AfricaAfrica but shall instead apply to any government, any sphere thereof, any ministry, any executive, legislative, administrative or quasi-governmental regulator, department, body, instrumentality, agency or authority in any relevant jurisdiction) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliatesaffiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 (i) such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 (ii) such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 (b) by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 (c) by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 (d) by the Buyer to the Distributor or NTC, as applicable, as may be necessary to enable the Distributor or NTC to operate the System and carry out its obligations in relation thereto as a Reasonable and Prudent Operator (including in relation to the application by any person for connection to the System), provided that: (i) only Confidential Information which is necessary for such purpose is disclosed by the Buyer to the Distributor or NTC, as applicable; and (ii) the Buyer notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; (e) by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 (f) by either Party, if so agreed in writing by the Parties prior to the disclosure.

Permitted Disclosure of Confidential Information. Notwithstanding the provisions of this clause 30.1 (Confidential Information)55, the Confidential Information may be disclosed: 31.3.1 : by either Party to any Responsible Authority (where for the purposes of this clause 30.3 (Permitted disclosure of Confidential Information) 55.3 such definition shall be limited to South Africa) or to any of the shareholders (direct or indirect), agents, consultants, contractors, advisers, financiers, potential financiers, investors, potential purchasers of the interests of a shareholder (direct or indirect), insurers or lenders of such Party or its Affiliates, in any such case for the purpose of enabling the disclosing Party to comply with its obligations under this Agreement, provided that: 31.3.1.1 : such Party notifies the recipient at or about the time of such disclosure that the information is confidential and should not be disclosed by the recipient to third parties; and 31.3.1.2 and such Party shall be responsible for ensuring that the recipient keeps the Confidential Information confidential and shall accordingly be responsible for any failure of the recipient to do so; 31.3.2 ; by either Party as may be required by the regulations of any recognised securities exchange upon which the share capital of the Party (or any shareholder (direct or indirect) in the Party) is or is proposed to be from time to time listed or dealt in, and the Party making the disclosure shall, if reasonably practicable prior to making the disclosure, and in any event as soon as reasonably practicable thereafter, supply the other Party with a copy of such disclosure or statement and details of the persons to whom the Confidential Information is to be, or has been, disclosed; 31.3.3 ; by either Party as may be necessary to comply with any obligation under any applicable Law; 31.3.4 ; by either Party if required by any court, any arbitrator or administrative tribunal or an expert in the course of proceedings before it to which the disclosing Party is a party; or 31.3.5 or by either Party, if so agreed in writing by the Parties prior to the disclosure. Save for all Project Data, all information supplied by or on behalf of a Party shall remain the property of such Party, and this Agreement shall not operate to transfer ownership interest therein. The Parties shall, in so far as is reasonably practicable, ensure that any copies of the Confidential Information, whether in hard copy or computerised form, shall clearly identify the Confidential Information as confidential.