Common use of Exchange and Confidentiality of Information Clause in Contracts

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information a. Information that is in the public domain; or (b) information b. Information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose a. Disclose that confidential information to any other person; or (b) use b. Use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) a. where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's Licence’s License; (b) where b. Where required by law or regulatory requirements; (c) where c. Where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) d. if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as e. As may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as f. As may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable enabling it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 . Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 . Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 . Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 . The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 . Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 . Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 20.1. Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 20.2. Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to or another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 20.3. Nothing in this section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 20.4. Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 20.5. The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 20.6. Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 20.7. Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's LicenceNOTL Hydro License; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor NOTL Hydro to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's NOTL Hydro’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the CustomerGenerator, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) : information that is in the public domain; or (b) or information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 . Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) : disclose that confidential information to any other person; or (b) or use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 . Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) : where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) ; where required by law or regulatory requirements; (c) ; where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) ; if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) ; as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) or as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 . Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 . The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 . Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 . Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct. Except as set out in Schedule H, the Customer shall not assign its rights or obligations under this Agreement in whole or in part without the prior written consent of the Distributor, which consent shall not be unreasonably withheld or unduly delayed. The Distributor may withhold its consent to any proposed assignment until the proposed assignee assumes, in writing, all of the Customer's obligations contained in this Agreement. The Distributor shall have the right to assign this Agreement in whole upon written notification to the Customer. This Agreement shall be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or; (f) as may be required during an emergency or to prevent or minimize the effects of an emergency.; or (g) as provided in Schedule H. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, including confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, including confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, . notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's Licence’s License; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative mannercooperativemanner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section Section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section Section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's LicenceElexicon’s licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor Elexicon to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section Section 10.1, a Party that breaches section Section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's Elexicon’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the CustomerGenerator, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's LicenceLondon Hydro License; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor London Hydro to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's London Hydro’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the CustomerGenerator, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 21.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 21.2 Subject to section Section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 21.3 Nothing in section Section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's Horizon Utilities‟ Licence;; or (b) where required by law or regulatory requirements;; or (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction;; or (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto;; or (e) as may be required to enable the Distributor Horizon Utilities to fulfill its obligations to any reliability regulatory organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency; or g) as provided in Schedule H to this agreement. 20.4 21.4 Notwithstanding section Section 10.1, a Party that breaches section Section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 21.5 The Parties agree that the exchange of information, including, but not limited to, including confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's Horizon Utilities‟ distribution system. The Parties further agree that all information, including, but not limited to, including confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 21.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 21.7 Each Party shall, as soon as practicable, practicable notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section Section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section Section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's PDI’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor PDI to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section Section 10.1, a Party that breaches section Section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's PDI’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.

Exchange and Confidentiality of Information. 20.1 Confidential information in respect of a Party means (i) information disclosed by that Party to the other Party under this Agreement that is in its nature confidential, proprietary proprietary, or commercially sensitive and (ii) information derived from the information referred to in (i), but excludes the following: (a) information that is in the public domain; or (b) information that is, at the time of the disclosure, in the possession of the receiving Party, provided that it was lawfully obtained from a person under no obligation of confidence in relation to the information. 20.2 Subject to section 20.3, each Party shall treat all confidential information disclosed to it by the other Party as confidential and shall not, without the written consent of that other Party: (a) disclose that confidential information to any other person; or (b) use that confidential information for any purpose other than the purpose for which it was disclosed disclosed, or another applicable purpose contemplated in this Agreement. Where a Party, with the written consent of the other Party, discloses confidential information of that other Party to another person, the Party shall take such steps as may be required to ensure that the other person complies with the confidentiality provisions of this Agreement. 20.3 Nothing in section 20.2 shall prevent the disclosure of confidential information: (a) where required or permitted under this Agreement, the Code, the Market Rules or the Distributor's ’s Licence; (b) where required by law or regulatory requirements; (c) where required by order of a government, government agency, regulatory body or regulatory agency having jurisdiction; (d) if required in connection with legal proceedings, arbitration or any expert determination relating to the subject matter of this Agreement, or for the purpose of advising a Party in relation thereto; (e) as may be required to enable the Distributor to fulfill its obligations to any reliability organization; or (f) as may be required during an emergency or to prevent or minimize the effects of an emergency. 20.4 Notwithstanding section 10.1, a Party that breaches section 20.2 shall be liable to the other Party for any and all losses of the other Party arising out of such breach. 20.5 The Parties agree that the exchange of information, including, but not limited to, confidential information, under this Agreement is necessary for maintaining the reliable operation of the Distributor's ’s distribution system. The Parties further agree that all information, including, but not limited to, confidential information, exchanged between them shall be prepared, given and used in good faith and shall be provided in a timely and cooperative manner. 20.6 Each Party shall provide the other with such information as the other may reasonably require to enable it to perform its obligations under this Agreement. 20.7 Each Party shall, as soon as practicable, notify the other Party upon becoming aware of a material change or error in any information previously disclosed to the other Party under this Agreement and, in the case of the Customer, in any information contained in its Application. The Party shall provide updated or corrected information as required to ensure that information provided to the other Party is up to date and correct.