Common use of Records and Confidentiality Clause in Contracts

Records and Confidentiality. 1. Each party shall keep complete and accurate records and all other data required by each of them and by the Energy Regulatory Commission for purpose of proper administration of this Agreement. 2. Either Party shall have the right, upon ten (10) days prior notice to the other Party, to examine the records and data of the other Party relating to this Agreement or the operation or dispatch of the Plant at any time during normal office hours during the period such record and data are required hereunder to be maintained. 3. Each Party agrees that it will, and will ensure its employees, officers and directors will hold in confidence all information, documentation and data know –how disclosed to it by the other Party and designated in writing as “confidential” (“Confidential Information”)and will not disclose to any third party or use Confidential Information or any part thereof without the other Party’s prior written approval, provided that – 1. This Clause shall not apply to Confidential Information which is in the public domain other than by breach of this Clause, or was already in the rightful possession of the recipient Party, or was obtained by the recipient Party in good faith from a third party entitled to disclose it; 2. A Party may disclose Confidential Information in accordance with any legal requirement to do so, or to consultants or contractors whose duties reasonably require such disclosure; and

Records and Confidentiality. 1. Each party shall keep complete and accurate records and all other data required by each of them and by the Energy Regulatory Commission for purpose of proper administration of this Agreement. 2. Either Party shall have the right, upon ten (10) days prior notice to the other Party, to examine the records and data of the other Party relating to this Agreement or the operation or dispatch of the Plant at any time during normal office hours during the period such record and data are required hereunder to be maintained. 3. Each Party agrees that it will, and will ensure its employees, officers and directors will hold in confidence all information, documentation and data know –how disclosed to it by the other Party and designated in writing as “confidential” (“Confidential Information”)and will not disclose to any third party or use Confidential Information or any part thereof without the other Party’s prior written approval, provided that – 16. This Clause shall not apply to Confidential Information which is in the public domain other than by breach of this Clause, or was already in the rightful possession of the recipient Party, or was obtained by the recipient Party in good faith from a third party entitled to disclose it; 27. A Party may disclose Confidential Information in accordance with any legal requirement to do so, or to consultants or contractors whose duties reasonably require such disclosure; and

Records and Confidentiality. 1. Each party shall keep complete and accurate records and all other data required by each of them and by the Energy Regulatory Commission for purpose of proper administration of this Agreement. 2. Either Party shall have the right, upon ten (10) days prior notice to the other Party, to examine the records and data of the other Party relating to this Agreement or the operation or dispatch of the Plant at any time during normal office hours during the period such record and data are required hereunder to be maintained. 3. Each Party agrees that it will, and will ensure that its employees, officers and directors will will, hold in confidence all information, documentation documentation, data and data know –know-how disclosed to it by the other Party and designated in writing as “confidential” (“Confidential Information”)and Information”) and will not disclose to any third party Party or use Confidential Information or any part thereof without the other Party’s prior written approval, provided that –that:- 1. This Clause a) this Article shall not apply to Confidential Information which is in the public domain other than by reason of a breach of this ClauseArticle, or was already in the rightful possession of the recipient Party, or was obtained by the recipient Party in good faith from a third party Party entitled to disclose it; 2. A b) a Party may my disclose Confidential Information in accordance with any legal requirement Legal Requirement to do so, or to consultants or and contractors whose duties reasonably require such disclosure; and c) a Party may disclose Confidential Information, subject to obtaining an undertaking to keep the same confidential, to i. any prospective assignee of the Party and its advisers; ii. any banker or financial institution or investor from whom the Party is seeking finance, or iii. any expert or arbitrator under this Agreement.