Common use of XXXX CONFIDENTIAL INFORMATION Clause in Contracts

XXXX CONFIDENTIAL INFORMATION. NEE Partners shall, and shall cause its Subsidiaries and its and their officers, directors and employees to, keep confidential and not make any public announcement or disclose to any Person any terms of any other documents, materials, data or other information with respect to any XXXX ROFO Asset which is not generally known to the public (the “XXXX Confidential Information”); provided, however, that XXXX Confidential Information shall not include (a) the terms and conditions of this Agreement or (b) information that becomes available to NEE Partners on a non-confidential basis from a source other than the XXXX, its Affiliates (other than NEE Partners and its Subsidiaries) or their directors, officers or employees (provided that, to NEE Partners’ knowledge, such source was not prohibited from disclosing such information to NEE Partners by any legal, contractual or fiduciary duty). Notwithstanding the foregoing, NEE Partners shall be permitted to (A) disclose any XXXX Confidential Information to the extent required by court order or under Applicable Law (provided, that it shall (1) exercise commercially reasonable efforts to preserve the confidentiality of such XXXX Confidential Information, (2) to the extent legally permissible, use commercially reasonable efforts to provide XXXX, in advance of such disclosure, with copies of any XXXX Confidential Information it intends to disclose (and, if applicable, the text of the disclosure language itself), and (3) reasonably cooperate with XXXX and its Affiliates (other than NEE Partners and its Subsidiaries) to the extent they may seek to limit such disclosure), (B) make a public announcement regarding such matters (1) as agreed to in writing by XXXX or (2) as required by the provisions of any securities laws or the requirements of any exchange on which NEE Partners’ securities may be listed (a “Required Securities Disclosure”), or (C) disclose any XXXX Confidential Information to its Affiliates and its and their shareholders, partners, members, directors, officers, employees, lenders, attorneys, consultants or other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such XXXX Confidential Information and instructed to keep such XXXX Confidential Information confidential pursuant to the terms hereof); provided, however, that, other than in connection with a Required Securities Disclosure, NEE Partners shall (x) advise such Person of the confidential nature of such XXXX Confidential Information, and (y) cause such Person to be bound by obligations of confidentiality that are no less stringent than the obligations set forth herein. NEE Partners shall indemnify and hold harmless the XXXX Indemnitees for any Losses incurred by any of the XXXX Indemnitees for a breach or default of NEE Partners’ obligations under this Section 4.1. This Section 4.1 shall survive the termination of this Agreement.

XXXX CONFIDENTIAL INFORMATION. NEE Partners shall, and shall cause its Subsidiaries and its and their officers, directors and employees to, keep confidential and not make any public announcement or disclose to any Person any terms of any other documents, materials, data or other information with respect to any XXXX ROFO Asset which is not generally known to the public (the “XXXX Confidential Information”); provided, however, that XXXX Confidential Information shall not include (a) the terms and conditions of this Agreement or (b) information that becomes available to NEE Partners on a non-non- confidential basis from a source other than the XXXX, its Affiliates (other than NEE Partners and its Subsidiaries) or their directors, officers or employees (provided that, to NEE Partners’ knowledge, such source was not prohibited from disclosing such information to NEE Partners by any legal, contractual or fiduciary duty). Notwithstanding the foregoing, NEE Partners shall be permitted to (A) disclose any XXXX Confidential Information to the extent required by court order or under Applicable Law (provided, that it shall (1) exercise commercially reasonable efforts to preserve the confidentiality of such XXXX Confidential Information, (2) to the extent legally permissible, use commercially reasonable efforts to provide XXXX, in advance of such disclosure, with copies of any XXXX Confidential Information it intends to disclose (and, if applicable, the text of the disclosure language itself), and (3) reasonably cooperate with XXXX and its Affiliates (other than NEE Partners and its Subsidiaries) to the extent they may seek to limit such disclosure), (B) make a public announcement regarding such matters (1) as agreed to in writing by XXXX or (2) as required by the provisions of any securities laws or the requirements of any exchange on which NEE Partners’ securities may be listed (a “Required Securities Disclosure”), or (C) disclose any XXXX Confidential Information to its Affiliates and its and their shareholders, partners, members, directors, officers, employees, lenders, attorneys, consultants or other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such XXXX Confidential Information and instructed to keep such XXXX Confidential Information confidential pursuant to the terms hereof); provided, however, that, other than in connection with a Required Securities Disclosure, NEE Partners shall (x) advise such Person of the confidential nature of such XXXX Confidential Information, and (y) cause such Person to be bound by obligations of confidentiality that are no less stringent than the obligations set forth herein. NEE Partners shall indemnify and hold harmless the XXXX Indemnitees for any Losses incurred by any of the XXXX Indemnitees for a breach or default of NEE Partners’ obligations under this Section 4.1. This Section 4.1 shall survive the termination of this Agreement.

XXXX CONFIDENTIAL INFORMATION. NEE Partners shall, and shall cause its Subsidiaries and its and their officers, directors and employees to, keep confidential and not make any public announcement or disclose to any Person any terms of any other documents, materials, data or other information with respect to any XXXX ROFO Asset which is not generally known to the public (the “"XXXX Confidential Information”"); provided, however, that XXXX Confidential Information shall not include (a) the terms and conditions of this Agreement or (b) information that becomes available to NEE Partners on a non-confidential basis from a source other than the XXXX, its Affiliates (other than NEE Partners and its Subsidiaries) or their directors, officers or employees (provided that, to NEE Partners’ ' knowledge, such source was not prohibited from disclosing such information to NEE Partners by any legal, contractual or fiduciary duty). Notwithstanding the foregoing, NEE Partners shall be permitted to (A1) disclose any XXXX Confidential Information to the extent required by court order or under Applicable Law (provided, that it shall (1A) exercise commercially reasonable efforts to preserve the confidentiality of such XXXX Confidential Information, (2B) to the extent legally permissible, use commercially reasonable efforts to provide XXXX, in advance of such disclosure, with copies of any XXXX Confidential Information it intends to disclose (and, if applicable, the text of the disclosure language itself), and (3C) reasonably cooperate with XXXX and its Affiliates (other than NEE Partners and its Subsidiaries) to the extent they may seek to limit such disclosure), (B2) make a public announcement regarding such matters (1A) as agreed to in writing by XXXX or (2B) as required by the provisions of any securities laws or the requirements of any exchange on which NEE Partners’ ' securities may be listed (a “"Required Securities Disclosure”"), or (C3) disclose any XXXX Confidential Information to its Affiliates (other than XXXX) and its and their shareholders, partners, members, directors, officers, employees, lenders, attorneys, consultants or other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such XXXX Confidential Information and instructed to keep such XXXX Confidential Information confidential pursuant to the terms hereof); provided, however, that, other than in connection with a Required Securities Disclosure, NEE Partners shall (x) advise such Person of the confidential nature of such XXXX Confidential Information, and (y) cause such Person to be bound by obligations of confidentiality that are no less stringent than the obligations set forth herein. NEE Partners shall indemnify and hold harmless the XXXX Indemnitees for any Losses incurred by any of the XXXX Indemnitees for a breach or default of NEE Partners’ ' obligations under this Section 4.1. This Section 4.1 shall survive the termination of this Agreement.