Common use of Trade Secrets/Commercial Information Clause in Contracts

Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(2)(d)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If XXXXXXX receives a request from a third party for information or a document received from Seller that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by XXXXXXX’s FOIL regulations. In connection with any such request, to the extent Seller marks its material as “Confidential” or “Proprietary”, Seller agrees to provide NYSERDA with a full set of specific, proposed redactions of the applicable material along with Seller’s justification for each proposed redaction. To the extent Seller fails to comply with the immediately preceding sentence, Seller consents to NYSERDA’s disclosure of the material in NYSERDA’s sole discretion.

Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(2)(d87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If XXXXXXX NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by XXXXXXXNYSERDA’s FOIL regulations. In connection with any such request, to the extent Seller marks its material as “Confidential” or “Proprietary”, Seller agrees to provide NYSERDA with a full set of specific, proposed redactions of the applicable material along with Seller’s justification for each proposed redaction. To the extent Seller fails to comply with the immediately preceding sentence, Seller consents to NYSERDA’s disclosure of the the material in NYSERDA’s sole discretion.

Trade Secrets/Commercial Information. The FOIL (Public 1Public Officers Law § 87(2)(d87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If XXXXXXX NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by XXXXXXXNYSERDA’s FOIL regulations. In connection with any such request, to the extent Seller marks its material as “Confidential” or “Proprietary”, Seller agrees to provide NYSERDA with a full set of specific, proposed redactions of the applicable material along with Seller’s justification for each proposed redaction. To the extent Seller fails to comply with the immediately preceding sentence, Seller consents to NYSERDA’s disclosure of the 111111111111111the material in NYSERDA’s sole discretion.

Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(2)(d87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If XXXXXXX NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by XXXXXXXNYSERDA’s FOIL regulations. In connection with any such request, to the extent Seller marks its material as “Confidential” or “Proprietary”, Seller agrees to provide NYSERDA with a full set of specific, proposed redactions of the applicable material along with Seller’s justification for each proposed redaction. To the extent Seller fails to comply with the immediately preceding sentence, Seller consents to NYSERDA’s disclosure of the material in NYSERDA’s sole discretion.