Confidential ESE Information means information that ESE is: (A) required by the Uniform Business Practices (“UBP”), DERS UBP (“UBP DERS”) or Commission order or rule to receive from the end use customer and provide to Utility to enroll the customer or (B) any other information provided by ESE to Utility and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such 1 Customer consent is not obtained by the ESE when Green Button Connect (GBC) is utilized as the data sharing mechanism. source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public.
Confidential ESE Information means information that ESE is: (A) required by 52 PA Code §§ 59.91-59.99 to enroll the customer or (B) any other information provided by ESE to Company and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives;
Confidential ESE Information means information that ESE is: (A) required by the Uniform Business Practices (“UBP”), DERS UBP (“UBP DERS”) or Commission order or rule to receive from the end use customer and provide to Utility to enroll the customer or (B) any other information provided by ESE to Utility and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such
Examples of Confidential ESE Information in a sentence
This Agreement shall govern the Cybersecurity and Data Privacy Protections of ESEs that electronically receive or exchange customer information, other than email, from a direct connection with the Utility IT systems and the privacy protections that apply to Confidential Information disclosed to ESE or to which ESE is given access by Utility, including all archival or back-up copies of the Confidential Information held or maintained by ESE (or its Representatives) and Confidential ESE Information.
Upon the expiration or termination hereof, neither ESE nor its Third-Party Representatives shall have any further right to Process Confidential Customer Utility Information or Customer Information, unless the customer has given written or electronic consent to do so, and shall immediately comply with its obligations under Section 8 and the Utility shall not have the right to process Confidential ESE Information and shall immediately comply with its obligations under Section 8.
More Definitions of Confidential ESE Information
Confidential ESE Information means information that ESE is: (A) required by the Uniform Business Practices (“UBP”) or DERS UBP (“UBP DERS”) to receive from the end use customer and provide to Utility to enroll the customer or (B) any other information provided by ESE to Utility and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public.
Confidential ESE Information means (1) information concerning ESE, it affiliates or third parties to whom ESE owes a duty of confidentiality that has been designated as confidential by Commission Order or is described or identified by ESE (at the time of disclosure) as being non- public, confidential or proprietary, or the non-public or proprietary nature of which is apparent from the context of the disclosure or the contents or nature of the information of the information disclosed; (2) ESE’s Assessment as required under Section 5 and/or information obtained through an audit as required by Section 9 of this Addendum; and (3) ESE’s operations and/or systems, including log-in credentials concerning same, but excludes: (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; or (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential ESE Information.
Confidential ESE Information means information that ESE is: (A) required by 52 PA Code §§ 59.91-59.99 or Governing Documents to receive from the end use customer and provide to the Company to enroll the customer or (B) any other information provided by ESE to Company and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by the Party receiving the information from the other Party hereto (“Receiving Party”) or its Representatives; (ii) information which was already known to Receiving Party on a non- confidential basis prior to being furnished to Receiving Party by the Party disclosing the information (“Disclosing Party”);
Confidential ESE Information means information that ESE is: (A) required by the Uniform Business Practices (“UBP”), DERS UBP (“UBP DERS”) or Commission order or rule to receive from the end use customer and provide to Utility to enroll the customer or (B) any other information provided by ESE to Utility and marked confidential by the ESE, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public.
Confidential ESE Information means (1) information concerning ESE, it affiliates or third parties to whom ESE owes a duty of confidentiality that has been designated as confidential by Commission Order or is described or identified by ESE (at the time of disclosure) as being non-public, confidential or proprietary, or the non-public or proprietary nature of which is apparent from the context of the disclosure or the contents or nature of the information of the information disclosed; (2) ESE’s Assessment as required under Section 5 and/or information obtained through an audit as required by Section 8 of this Addendum; and (3) ESE’s operations and/or systems, including log-in credentials concerning same, but excludes: (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; or (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential ESE Information.
Confidential ESE Information means information that ESE is: (A) required by the Uniform Business Practices (“UBP”) or DERS UBP (“UBP DERS”) to receive from the end use customer and provide to Utility to enroll the customer or (B) any other information provided by ESE to Utility and marked confidential by the ESE, but excludes (i) information which is or becomes generally Commented [PAC1]: Added to address ESE comments that confidentiality should be mutual, permit ESE to xxxx information confidential and clarify that information that is collected for the enrollment process from the customer and provided to the Utility is confidential unless the customer expressly agrees that the information should be public. available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public.