Common use of Scope Clause in Contracts

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 22.1.8 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third partynon-Party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIAGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidentialGIA.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 23.1.8 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party(ies) that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 22.9 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third partynon-Party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIAGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAthe Standard Large Generator Interconnection Agreement; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 30.13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe Standard Large Generator Interconnection Agreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential non‑confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing other Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing other Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIASGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIAthe SGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIASGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, known through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 19.1.7 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.establishing

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAthe GIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe GIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1I) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due d 82 ue inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 22.1.8 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 16.1.8 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third partynon-Party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAService Agreement; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, required to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAService Agreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before prior to receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, inquiry was under no obligation to the disclosing Party party to keep such information confidential; (4) was independently developed by the receiving Party party without reference to Confidential Information of the disclosing Disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 20.1(b) of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.will

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.confidential.‌

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach violation of the provisions of this LGIAGIA or Section 13.1 of Transmission Provider’s GIP; or (6) is required, in accordance with Article 22.1.7 22.1.4 or 22.1.5 of this LGIA, Order the GIA or Section 13.1 of DisclosureTransmission Provider’s GIP, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law law, order or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidentialGIA.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing PartyParty ; (3) was supplied to the receiving Party without restriction by a third partynon-Party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 12.1.7 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: : (1) is generally available to the public other than as a result of a disclosure by the receiving Party; ; (2) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; ; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; ; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; ; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, including the Freedom of Information Act, 5 U.S.C. § 552, as amended, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this QF-LGIA; or (6) is required, in accordance with Article 22.1.7 of this the QF-LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this QF-LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before prior to receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, inquiry was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6vi) is required, in accordance with Article 22.1.7 Section 20.2 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third partynon-Party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 12.1.7 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the ----- receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; Party (2) was in the lawful possession of the receiving Party on a non-confidential basis before prior to receiving it from the disclosing Party; or (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party party, after due inquiry, inquiry was under no obligation to the disclosing Party party to keep such information confidential; (4) was independently developed by the receiving Party party without reference to Confidential Information of the disclosing Disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 20.1(b) of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAagreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIAthe GIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.Information

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAUFA; or (6) is required, in accordance with Article 22.1.7 of this LGIAUFA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAUFA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, known through no wrongful act or omission of the receiving Party or Breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 17.1.7 of this LGIAAgreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before prior to receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, inquiry was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6vi) is required, in accordance with Article 22.1.7 Section 20.2 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.. Table of Contents

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; , (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; , (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; , (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; , (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; agreement, or (6) is required, in accordance with Article 22.1.7 of this LGIA, 7.8 (Order of Disclosure, ) to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAagreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6vi) is required, in accordance with Article 22.1.7 XIII of this LGIA, Order of DisclosureAgreement, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-non- confidential basis before prior to receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, inquiry was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6vi) is required, in accordance with Article 22.1.7 Section 20.2 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.. Exhibit THB-3

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non---confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this thisthe LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties PartiesParty that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAthe LGIALGIA-OR; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe LGIALGIA-OR. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 16.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 27.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Receiving Party; (2) was in the lawful possession of the receiving Receiving Party on a non-non- confidential basis before receiving it from the disclosing Disclosing Party; (3) was supplied to the receiving Receiving Party without restriction by a third party, who, to the knowledge of the receiving Receiving Party after due inquiry, was under no obligation to the disclosing Disclosing Party to keep such information confidential; (4) was independently developed by the receiving Receiving Party without reference to Confidential Information of the disclosing Disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Receiving Party or Breach of this LGIAthe GIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, required to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe GIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidentialconfidential or if the information that was or is hereafter in the public domain.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: : (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; ; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAppendix 2; or (6vi) is required, in accordance with Article 22.1.7 section 9.7 of this LGIA, Order of DisclosureAppendix 2, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe Wholesale Market Participation Agreement. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAETU IA; or (6) is required, in accordance with Article 22.1.7 of this LGIAthe ETU IA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAETU IA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party(ies) that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the QF-LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the QF- LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due clue inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this QF-LGIA; or (6) is required, in accordance with Article 22.1.7 of this the QF-LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this QF-LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIACSA; or (6vi) is required, in accordance with Article 22.1.7 Section 16.7 of this LGIA, Order of DisclosureAppendix III, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIACSA. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIANUFA; or (6vi) is required, in accordance with Article 22.1.7 of this LGIA, Order of DisclosureSection 9.2.8, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIANUFA. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the QF-LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the QF-LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this the LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 16.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this the LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential non‑confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third non-party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the ----- receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; Party (2) was in the lawful possession of the receiving Party on a non-confidential basis before prior to receiving it from the disclosing Party; or (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, inquiry was under no obligation to the disclosing Party party to keep such information confidential; (4) was independently developed by the receiving Party party without reference to Confidential Information of the disclosing Disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 21.1(b) of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: : (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; ; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAUpgrade CSA; or (6vi) is required, in accordance with Article 22.1.7 Section 16.7 of this LGIA, Order of DisclosureAppendix III, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAUpgrade CSA. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third non-party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties receiving Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIAthe GIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this the LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law such as the California Public Records Act or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-non- confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAUpgrade CSA; or (6vi) is required, in accordance with Article 22.1.7 Section 16.7 of this LGIA, Order of DisclosureAppendix III, to be disclosed by to any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAUpgrade CSA. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: demonstrate (1i) is generally available to the public other than as a result of a disclosure by the receiving Party; (2ii) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3iii) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing other Party to keep such information confidential; (4iv) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5v) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6vi) is required, in accordance with Article 22.1.7 Section 19.7 of this LGIA, Order of DisclosureAgreement, to be disclosed by to any Governmental Authority or as long as such information is made available to the public, is otherwise required to be disclosed by law Applicable Laws and Regulations or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAAgreement. Information designated as Confidential Information will shall no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party Party, after due inquiry, was under no obligation to the disclosing other Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach breach of this LGIAAgreement; or (6) is required, in accordance with Article 22.1.7 Section 19.6 of this LGIA, Order of DisclosureAgreement, to be disclosed by any Governmental Authority federal or state government or agency or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIAagreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIA, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this LGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties that it no longer is confidential.be

Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing other Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing other Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or Breach of this LGIAthe SGIA; or (6) is required, in accordance with Article 22.1.7 of this LGIASection 13.1.6, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoenaApplicable Laws and Regulations, or is necessary in any legal proceeding establishing rights and obligations under this LGIAthe SGIA. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Parties Party that it no longer is confidential.