Common use of Disclosure to Representatives Clause in Contracts

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof, Aggregator may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting the CCA Program, provided that each such Representative first (i) is advised by ▇▇▇▇▇▇▇▇▇▇ of the sensitive and confidential nature of such Confidential Utility Information; (ii) agrees to comply with the provisions of this Agreement, provided that with respect to Third Party Representatives and this subsection (ii), such Third Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Party Representatives were Aggregator; and (iii) signs the Representative Agreement. All such written agreements with Third Party Representatives shall include direct liability for the Third Party Representatives towards Utility for breach thereof by the Third Party Representatives, and a copy of such agreement and each Representative Agreement and Aggregator agreement shall be made available to Utility upon request. Notwithstanding the foregoing, Aggregator shall be liable to Utility for any act or omission of a Representative, including without limitation, Third Party Representatives that would constitute a breach of this Agreement if committed by Aggregator.

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof6 herein, Aggregator the Parties may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) Third-Party Representatives who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting providing Services in accordance with the CCA ProgramUBP and UBP DERS, provided that each such Third-Party Representative first first: (iA) is advised by ▇▇▇▇▇▇▇▇▇▇ the disclosing Party of the sensitive and confidential nature of such Confidential Utility Information; (iiB) agrees to comply with the provisions of this Agreement, provided that with respect to Third Third-Party Representatives and this subsection (iiB), such Third Third-Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Third- Party Representatives were Aggregatora Party/ESE; and (iiiC) signs the Third-Party Representative Agreement. All such written agreements Agreements with Third Third-Party Representatives shall include direct liability for the Third Third-Party Representatives towards Utility Utility/ESE for breach thereof by the Third Third-Party Representatives, and a copy of such agreement Agreement and each Third-Party Representative Agreement and Aggregator agreement shall be made available to Utility Utility/ESE upon request. Notwithstanding the foregoing, Aggregator the Parties shall be liable to Utility for any act or omission of a Third-Party Representative, including without limitation, Third Party Representatives those acts or omissions that would constitute a breach of this Agreement if committed by AggregatorAgreement.

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof7 herein, Aggregator NYSERDA may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) Third-Party Representatives who have a legitimate need to know or use and access such Confidential Utility Information for to fulfill NYSERDA’s obligations with respect to the sole and limited purposes of administering and/or conducting the CCA ProgramNYSERDA Data Order, provided that each such Third-Party Representative first first: (iA) is advised by ▇▇▇▇▇▇▇▇▇▇ the Disclosing Party of the sensitive and confidential nature of such Confidential Utility Information; (iiB) agrees to comply with the provisions of this Agreement, provided that with respect to Third Third-Party Representatives and this subsection (iiB), such Third Third-Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Third- Party Representatives were Aggregatora Party/NYSERDA; and (iiiC) signs the Third-Party Representative Agreement. All such written agreements Third-Party Representative Agreements with Third Third-Party Representatives shall include direct liability for the Third Third-Party Representatives towards Utility Utility/NYSERDA for breach thereof by the Third Third-Party Representatives, and a copy of such agreement Agreement and each Third-Party Representative Agreement and Aggregator agreement shall be made available to Utility Utility/NYSERDA upon request. Notwithstanding the foregoing, Aggregator the Parties shall be liable to Utility for any act or omission of a Third-Party Representative, including without limitation, Third Party Representatives those acts or omissions that would constitute a breach of this Agreement if committed by AggregatorAgreement.

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof6 herein, Aggregator Third Party may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) contractors or subcontractors who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting the CCA Programproviding Services, provided that each such Representative first (iA) is advised by ▇▇▇▇▇▇▇▇▇▇ Third Party of the sensitive and confidential nature of such Confidential Utility Information; (iiB) agrees to comply with the provisions of this Agreement, provided that with respect to Third Party Representatives and this subsection (iiB), such Third Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Party Representatives were AggregatorThird Party; and (iiiC) signs the Representative Agreement. All such written agreements with Third Party Representatives shall include direct liability for the Third Party Representatives towards Utility for breach thereof by the Third Party Representatives, and a copy of such agreement and each Representative Agreement and Aggregator Third-Party agreement shall be made available to Utility upon request. Notwithstanding the foregoing, Aggregator Third Party shall be liable to Utility for any act or omission of a Representative, including without limitation, Third Party Representatives that would constitute a breach of this Agreement if committed by AggregatorThird Party.

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof6 herein, Aggregator Third Party may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) contractors or subcontractors who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting the CCA Programproviding Services, provided that each such Representative first (iA) is advised by ▇▇▇▇▇▇▇▇▇▇ Third Party of the sensitive and confidential nature of such Confidential Utility Information; (iiB) agrees to comply with the provisions of this Agreement, provided that with respect to Third Party Representatives and this subsection (iiB), such Third Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Party Representatives were AggregatorThird Party; and (iiiC) signs the Representative Agreement. All such written agreements with Third Party Representatives shall include direct liability for the Third Party Representatives towards Utility for breach thereof by the Third Party Representatives, and a copy of such agreement and each Representative Agreement and Aggregator Third Party agreement shall be made available to Utility upon request. Notwithstanding the foregoing, Aggregator Third Party shall be liable to Utility for any act or omission of a Representative, including without limitation, Third Party Representatives that would constitute a breach of this Agreement if committed by AggregatorThird Party.

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof6 herein, Aggregator Third Party may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) contractors or subcontractors who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting the CCA Programproviding Services, provided that each such Representative first (iA) is advised by ▇▇▇▇▇▇▇▇▇▇ Third Party of the sensitive and confidential nature of such Confidential Utility Information; (iiB) agrees to comply with the provisions of this Agreement, provided that with respect to Third Party Representatives and this subsection (iiB), such Third Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Party Representatives were AggregatorThird Party; and (iiiC) signs the Representative Agreement. All such written agreements with Third Party Representatives shall include direct liability for the Third Party Representatives towards Utility for breach thereof by the Third Party Representatives, and a copy of such agreement and each Representative Agreement and Aggregator Third Party agreement shall be made available to Utility upon request. Notwithstanding the foregoing, Aggregator Third Party shall be liable to Utility for any act or omission of a Representative, including without limitation, Third Party Representatives that would constitute a breach of this Agreement if committed by Aggregator.to

Disclosure to Representatives. Notwithstanding the provisions of Section 4 hereof, Aggregator may disclose Confidential Utility Information to those of its municipal members and contractors, including without limitation, ESCOs as well as its and their respective officers, directors and employees (collectively, “Representatives”) who have a legitimate need to know or use such Confidential Utility Information for the sole and limited purposes of administering and/or conducting the CCA Program, provided that each such Representative first (i) is advised by ▇▇▇▇▇▇▇▇▇▇ Aggregator of the sensitive and confidential nature of such Confidential Utility Information; (ii) agrees to comply with the provisions of this Agreement, provided that with respect to Third Party Representatives and this subsection (ii), such Third Party Representatives must agree in writing to be bound by and observe the provisions of this Agreement as though such Third Party Representatives were Aggregator; and (iii) signs the Representative Agreement. All such written agreements with Third Party Representatives shall include direct liability for the Third Party Representatives towards Utility for breach thereof by the Third Party Representatives, and a copy of such agreement and each Representative Agreement and Aggregator agreement shall be made available to Utility upon request. Notwithstanding the foregoing, Aggregator shall be liable to Utility for any act or omission of a Representative, including without limitation, Third Party Representatives that would constitute a breach of this Agreement if committed by Aggregator.