Data and Reports. 9.1 All data and reports, except for proprietary techniques used in developing such technical data and reports, must be submitted by the RE DEVELOPER in accordance with the format approved by the DEPARTMENT. 9.2 The technical data and reports to be submitted to the DEPARTMENT shall include, but shall not be limited to, the following: a) Annual Progress Report - shall be submitted not later than two (2) months after the end of each Contract Year and shall contain the summary of accomplishments under the approved Work Program with supporting documents, direct or indirect jobs generated, summary of fiscal incentives availed in Philippine Peso and any issues and concerns encountered during the implementation of the Work Program, among others; b) Procurement Plan - shall be submitted not later than one (1) month from the approval of the Work Program and shall be designed according to the approved Work Program, containing an itemized list of equipment, materials, and supplies to be procured with corresponding estimated costs; c) Monthly Generation Report – shall be submitted within fifteen (15) calendar days from the end of each calendar month and shall include reservoir report and total electricity generated, used and exported to the grid. d) General Information Sheet – shall be submitted annually within thirty (30) calendar days from the date of submission to the Securities and Exchange Commission (“SEC”); e) Audited Financial Statement – shall be submitted annually within thirty (30) calendar days from the date of submission to the SEC; and f) Reports in accordance with the Department Circular No. DC2012-11-0009 entitled “Renewable Energy Safety, Health and Environment Rules and Regulations” as may be amended. 10.1 Confidential information shall include, but shall not be limited to, the following: a) All documents, information, data and reports produced or generated during the Biomass Energy Operations under this RE Contract; b) Those which contain technical information, specifications or data, designs, or tariff or pricing information, information about investors and the like, and other information relating to equipment, design; c) Those which contain any financial information, modeling or projections or results relating to the RE DEVELOPER or to its Affiliates; and d) Those which relate to the business affairs, operations or structure of the RE DEVELOPER or its Affiliates: Provided, That any information which is or becomes public through no fault of the DEPARTMENT; is in the public domain without breach by the DEPARTMENT of this RE Contract; is received by the DEPARTMENT from a third person who is under no obligation of confidentiality to the RE DEVELOPER; or is required to be disclosed pursuant to law, regulation, order of a court or tribunal, upon an opportunity to contest by the RE DEVELOPER, shall not be deemed confidential information. 10.2 Any confidential information pertaining to the RE DEVELOPER which could not be disclosed by the DEPARTMENT to third parties without causing prejudice and/or damage to the intellectual and/or industrial property rights of the RE DEVELOPER shall be deemed proprietary information. 10.3 Confidential information shall be kept strictly confidential over the term of this RE Contract or any extension thereof: Provided, That proprietary information shall be kept strictly confidential at all times subject to lawful acquisitions of such information under existing laws and regulations. 10.4 The DEPARTMENT may use such confidential information co-owned with the RE DEVELOPER for the DEPARTMENT’s resource mapping, data gathering, policy making and for government planning purposes. 10.5 Upon the Expiration or Termination of this RE Contract, the DEPARTMENT may provide third parties with the data and reports submitted by the RE DEVELOPER pursuant to this Section. Provided, That the same are not proprietary in nature. 10.6 Contrary stipulations notwithstanding, the RE DEVELOPER may furnish the information to the following third parties and Affiliates, such as, but not limited to: a) Banks or other credit institutions from which finance is sought by the RE DEVELOPER; b) Third parties and Affiliates that provide services for the Biomass Energy Operations, including Subcontractors and other service contractors; c) Prospective assignee/s to whom rights and obligations under this RE Contract are intended to be assigned; d) Prospective investor/s or entities with whom the RE DEVELOPER intends to enter into joint venture or other similar agreements for the Project; e) Governments and stock/commodity exchanges in accordance with Philippine laws, regulations, or rules; and f) Government authorities, entities and judicial courts if required by law, regulation, directive, or order to disclose. 10.7 The information shall be revealed to those persons allowed under this RE Contract only if and to the extent necessary and desirable for the purpose intended. Each Party shall ensure that each such person to whom information is disclosed is informed of the confidential nature of the information and the purpose for which it may be used and that each such person is bound by this Section. 10.8 The RE DEVELOPER and its Affiliates or the DEPARTMENT, its officers, employees, consultants and other duly authorized representatives shall not make any public statement or announcement of any information produced, generated or acquired in the course of the Biomass Energy Operations, without prior written consent of the other Party.
Appears in 1 contract
Sources: Biomass Energy Operating Contract
Data and Reports. 9.1 All data and reports, except for proprietary techniques used in developing such technical data and reports, must be submitted by the RE DEVELOPER in accordance with the format approved by the DEPARTMENT.
9.2 The technical data and reports to be submitted to the DEPARTMENT shall include, but shall not be limited to, the following:
a) Annual Progress Report - shall be submitted not later than two (2) months after the end of each Contract Year and shall contain the summary of accomplishments under the approved Work Program with supporting documents, direct or indirect jobs generated, summary of fiscal incentives availed in Philippine Peso and any issues and concerns encountered during the implementation of the Work Program, among others;
b) Procurement Plan - shall be submitted not later than one (1) month from the approval of the Work Program and shall be designed according to the approved Work Program, containing an itemized list of equipment, materials, and supplies to be procured with corresponding estimated costs;
c) Monthly Generation Report – shall be submitted within fifteen (15) calendar days from the end of each calendar month and shall include reservoir report and total electricity generated, used and exported to the grid.
d) General Information Sheet – shall be submitted annually within thirty (30) calendar days from the date of submission to the Securities and Exchange Commission (“SEC”);
e) Audited Financial Statement – shall be submitted annually within thirty (30) calendar days from the date of submission to the SEC; and
f) Reports in accordance with the Department Circular No. DC2012-11-0009 entitled “Renewable Energy Safety, Health and Environment Rules and Regulations” as may be amended.
10.1 Confidential information shall include, but shall not be limited to, the following:
a) All documents, information, data and reports produced or generated during the Biomass Waste to Energy Operations under this RE Contract;
b) Those which contain technical information, specifications or data, designs, or tariff or pricing information, information about investors and the like, and other information relating to equipment, design;
c) Those which contain any financial information, modeling or projections or results relating to the RE DEVELOPER or to its Affiliates; and
d) Those which relate to the business affairs, operations or structure of the RE DEVELOPER or its Affiliates: Provided, That any information which is or becomes public through no fault of the DEPARTMENT; is in the public domain without breach by the DEPARTMENT of this RE Contract; is received by the DEPARTMENT from a third person who is under no obligation of confidentiality to the RE DEVELOPER; or is required to be disclosed pursuant to law, regulation, order of a court or tribunal, upon an opportunity to contest by the RE DEVELOPER, shall not be deemed confidential information.
10.2 Any confidential information pertaining to the RE DEVELOPER which could not be disclosed by the DEPARTMENT to third parties without causing prejudice and/or damage to the intellectual and/or industrial property rights of the RE DEVELOPER shall be deemed proprietary information.
10.3 Confidential information shall be kept strictly confidential over the term of this RE Contract or any extension thereof: Provided, That proprietary information shall be kept strictly confidential at all times subject to lawful acquisitions of such information under existing laws and regulations.
10.4 The DEPARTMENT may use such confidential information co-owned with the RE DEVELOPER for the DEPARTMENT’s resource mapping, data gathering, policy making and for government planning purposes.
10.5 Upon the Expiration or Termination of this RE Contract, the DEPARTMENT may provide third parties with the data and reports submitted by the RE DEVELOPER pursuant to this Section. Provided, That the same are not proprietary in nature.
10.6 Contrary stipulations notwithstanding, the RE DEVELOPER may furnish the information to the following third parties and Affiliates, such as, but not limited to:
a) Banks or other credit institutions from which finance is sought by the RE DEVELOPER;
b) Third parties and Affiliates that provide services for the Biomass Waste to Energy Operations, including Subcontractors and other service contractors;
c) Prospective assignee/s to whom rights and obligations under this RE Contract are intended to be assigned;
d) Prospective investor/s or entities with whom the RE DEVELOPER intends to enter into joint venture or other similar agreements for the Project;
e) Governments and stock/commodity exchanges in accordance with Philippine laws, regulations, or rules; and
f) Government authorities, entities and judicial courts if required by law, regulation, directive, or order to disclose.
10.7 The information shall be revealed to those persons allowed under this RE Contract only if and to the extent necessary and desirable for the purpose intended. Each Party shall ensure that each such person to whom information is disclosed is informed of the confidential nature of the information and the purpose for which it may be used and that each such person is bound by this Section.
10.8 The RE DEVELOPER and its Affiliates or the DEPARTMENT, its officers, employees, consultants and other duly authorized representatives shall not make any public statement or announcement of any information produced, generated or acquired in the course of the Biomass Waste to Energy Operations, without prior written consent of the other Party.
Appears in 1 contract
Sources: Waste to Energy Operating Contract
Data and Reports. 9.1 10.1 All data and reports, except for proprietary techniques used in developing such technical data and reports, must be submitted by the RE DEVELOPER in accordance with the format approved by the DEPARTMENT.
9.2 10.2 The technical data and reports to be submitted to the DEPARTMENT shall include, but shall not be limited to, the following:
a) Annual Progress Report - shall be submitted not later than two (2) months after the end of each Contract Year and shall contain the summary of accomplishments under the approved Work Program with supporting documents, direct or indirect jobs generated, summary of fiscal incentives availed in Philippine Peso Peso, Wind Resource Assessment Report, and any issues and concerns encountered during the implementation of the Work Program, among others;
b) Procurement Plan - shall be submitted not later than one (1) month from the approval of the Work Program and shall be designed according to the approved Work Program, containing an itemized list of equipment, materials, and supplies to be procured with corresponding estimated costs;
c) Monthly Generation Report – - shall be submitted within fifteen (15) calendar days from the end of each calendar month and shall include reservoir wind data report and total electricity generated, used and exported to the grid.;
d) General Information Sheet – - shall be submitted annually within thirty (30) calendar days from the date of submission to the Securities and Exchange Commission (“SEC”);
e) Audited Financial Statement – - shall be submitted annually within thirty (30) calendar days from the date of submission to the SEC; and;
f) Reports in accordance with the Department Circular No. DC2012-11-0009 entitled “Renewable Energy Safety, Health and Environment Rules and Regulations” ”, as may be amended; and
g) To hasten the development of wind energy resources and reduce risk and costs from the private sector, the RE DEVELOPERS shall submit wind data set to the DOE, through the Energy Data Center of the Philippines (“EDCP”).
10.1 Confidential information i. Wind Data Set. The wind data set shall have an average time interval of ten (10) minutes and shall include, but shall are not be limited to, the following:
awind speed measured at three (3) All documentsdifferent heights, information, data and reports produced or generated during the Biomass Energy Operations under this RE Contract;
b) Those which contain technical information, specifications or data, designs, or tariff or pricing information, information about investors and the like, and other information relating to equipment, design;
c) Those which contain any financial information, modeling or projections or results relating to the RE DEVELOPER or to its Affiliates; and
d) Those which relate to the business affairs, operations or structure of the RE DEVELOPER or its Affiliates: Provided, That any information which is or becomes public through no fault of the DEPARTMENT; is in the public domain without breach by the DEPARTMENT of this RE Contract; is received by the DEPARTMENT from a third person who is under no obligation of confidentiality to the RE DEVELOPER; or is required to be disclosed pursuant to law, regulation, order of a court or tribunal, upon an opportunity to contest by the RE DEVELOPER, shall not be deemed confidential information.
10.2 Any confidential information pertaining to the RE DEVELOPER which could not be disclosed by the DEPARTMENT to third parties without causing prejudice and/or damage to the intellectual and/or industrial property rights of the RE DEVELOPER shall be deemed proprietary information.
10.3 Confidential information shall be kept strictly confidential over the term of this RE Contract or any extension thereof: Provided, That proprietary information shall be kept strictly confidential wind direction measured at all times subject to lawful acquisitions of such information under existing laws and regulations.
10.4 The DEPARTMENT may use such confidential information co-owned with the RE DEVELOPER for the DEPARTMENT’s resource mapping, data gathering, policy making and for government planning purposes.
10.5 Upon the Expiration or Termination of this RE Contract, the DEPARTMENT may provide third parties with the data and reports submitted by the RE DEVELOPER pursuant to this Section. Provided, That the same are not proprietary in nature.
10.6 Contrary stipulations notwithstanding, the RE DEVELOPER may furnish the information to the following third parties and Affiliates, such as, but not limited to:
a) Banks or other credit institutions from which finance is sought by the RE DEVELOPER;
b) Third parties and Affiliates that provide services for the Biomass Energy Operations, including Subcontractors and other service contractors;
c) Prospective assignee/s to whom rights and obligations under this RE Contract are intended to be assigned;
d) Prospective investor/s or entities with whom the RE DEVELOPER intends to enter into joint venture or other similar agreements for the Project;
e) Governments and stock/commodity exchanges in accordance with Philippine laws, regulations, or rules; and
f) Government authorities, entities and judicial courts if required by law, regulation, directive, or order to disclose.
10.7 The information shall be revealed to those persons allowed under this RE Contract only if and to the extent necessary and desirable for the purpose intended. Each Party shall ensure that each such person to whom information is disclosed is informed of the confidential nature of the information and the purpose for which it may be used and that each such person is bound by this Section.
10.8 The RE DEVELOPER and its Affiliates or the DEPARTMENT, its officers, employees, consultants and other duly authorized representatives shall not make any public statement or announcement of any information produced, generated or acquired in the course of the Biomass Energy Operations, without prior written consent of the other Party.two
Appears in 1 contract
Sources: Onshore Wind Energy Service Contract
Data and Reports. 9.1 10.1 All data and reports, except for proprietary techniques used in developing such technical data and reports, must be submitted by the RE DEVELOPER in accordance with the format approved by the DEPARTMENT.
9.2 10.2 The technical data and reports to be submitted to the DEPARTMENT shall include, but shall not be limited to, the following:
a) Annual Progress Report - shall be submitted not later than two (2) months after prior to the end of each Contract Year and shall contain the summary of accomplishments under the approved Work Program with supporting documentsProgram, direct or indirect jobs generated, summary of fiscal incentives availed in Philippine Peso and status of construction with relevant comments and recommendation on any issues and concerns encountered during the implementation of the Work Programtechnical findings, among others;
b) Procurement Plan - shall be submitted not later than one (1) month from the approval of the Work Program and shall be designed according to the approved Work Program, containing an itemized list of equipment, materials, and supplies to be procured with corresponding estimated costs;
c) Monthly Generation Report – - shall be submitted within fifteen (15) calendar days from the end of each calendar month and shall include reservoir report and total electricity generated, used and exported to the grid.;
d) General Information Sheet – and the RE DEVELOPER’s management personnel - shall be submitted annually within thirty (30) every July of the calendar days from year and at any time there are changes in the date of submission to the Securities and Exchange Commission (“SEC”)company structure;
e) Audited Financial Statement – - shall be submitted annually within thirty one hundred twenty (30120) calendar days from after the date end of submission to the SEC; andfiscal year, as indicated in the Financial Statements;
f) Reports in accordance with the Department Circular No. DC2012-11-0009 entitled “Renewable Energy Safety, Health and Environment Rules and Regulations” ”, as may be amended.
10.1 Confidential information shall include, but shall not be limited to, the following:
a) All documents, information, data and reports produced or generated during the Biomass Energy Operations under this RE Contract;
b) Those which contain technical information, specifications or data, designs, or tariff or pricing information, information about investors and the like, and other information relating to equipment, design;
c) Those which contain any financial information, modeling or projections or results relating to the RE DEVELOPER or to its Affiliates; and
dg) Those which relate to To hasten the business affairs, operations or structure development of wind energy resources and reduce risk and costs from the RE DEVELOPER or its Affiliates: Provided, That any information which is or becomes public through no fault of the DEPARTMENT; is in the public domain without breach by the DEPARTMENT of this RE Contract; is received by the DEPARTMENT from a third person who is under no obligation of confidentiality to the RE DEVELOPER; or is required to be disclosed pursuant to law, regulation, order of a court or tribunal, upon an opportunity to contest by the RE DEVELOPER, shall not be deemed confidential information.
10.2 Any confidential information pertaining to the RE DEVELOPER which could not be disclosed by the DEPARTMENT to third parties without causing prejudice and/or damage to the intellectual and/or industrial property rights of the RE DEVELOPER shall be deemed proprietary information.
10.3 Confidential information shall be kept strictly confidential over the term of this RE Contract or any extension thereof: Provided, That proprietary information shall be kept strictly confidential at all times subject to lawful acquisitions of such information under existing laws and regulations.
10.4 The DEPARTMENT may use such confidential information co-owned with the RE DEVELOPER for the DEPARTMENT’s resource mapping, data gathering, policy making and for government planning purposes.
10.5 Upon the Expiration or Termination of this RE Contract, the DEPARTMENT may provide third parties with the data and reports submitted by the RE DEVELOPER pursuant to this Section. Provided, That the same are not proprietary in nature.
10.6 Contrary stipulations notwithstandingprivate sector, the RE DEVELOPER may furnish the information Developers shall submit wind data set to the following third parties and AffiliatesDOE, such as, but not limited to:
a) Banks or other credit institutions from which finance is sought by through the RE DEVELOPER;
b) Third parties and Affiliates that provide services for the Biomass Energy Operations, including Subcontractors and other service contractors;
c) Prospective assignee/s to whom rights and obligations under this RE Contract are intended to be assigned;
d) Prospective investor/s or entities with whom the RE DEVELOPER intends to enter into joint venture or other similar agreements for the Project;
e) Governments and stock/commodity exchanges in accordance with Philippine laws, regulations, or rules; and
f) Government authorities, entities and judicial courts if required by law, regulation, directive, or order to disclose.
10.7 The information shall be revealed to those persons allowed under this RE Contract only if and to the extent necessary and desirable for the purpose intended. Each Party shall ensure that each such person to whom information is disclosed is informed Data Center of the confidential nature of the information and the purpose for which it may be used and that each such person is bound by this SectionPhilippines (EDCP).
10.8 The RE DEVELOPER and its Affiliates or the DEPARTMENT, its officers, employees, consultants and other duly authorized representatives shall not make any public statement or announcement of any information produced, generated or acquired in the course of the Biomass Energy Operations, without prior written consent of the other Party.
Appears in 1 contract