Common use of Protective Order Clause in Contracts

Protective Order. Except as provided in Section 2(b) of this Agreement, if Recipient becomes legally compelled to disclose any Confidential Information, it must provide Disclosing Party with prompt prior written notice so that Disclosing Party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, Recipient must (i) furnish only that portion of the Confidential Information which, in accordance with the advice of its own counsel, is legally required to be furnished, and (ii) exercise reasonable efforts to obtain assurances that confidential treatment will be accorded the Confidential Information so furnished. Notwithstanding the foregoing, and without limiting Section 2(b), the parties acknowledge that PacifiCorp is required by law or regulation to report certain information that could embody Confidential Information from time to time, and may do so from time to time without providing prior notice to Bidder. Such reports include models, filings, and reports of PacifiCorp’s net power costs, general rate case filings, power cost adjustment mechanisms, FERC-required reporting such as those made on FERC Form 1, Form 12, or Form 714, market power and market monitoring reports, annual state reports that include resources and loads, integrated resource planning reports, reports to entities such as the North American Electric Reliability Corporation, Western Electricity Coordinating Council, Pacific Northwest Utility Coordinating Committee, Western Regional Generation Information System, or similar or successor organizations, or similar or successor forms, filings, or reports, the specific names of which may vary by jurisdiction, along with supporting documentation. Additionally, in regulatory proceedings in all state and federal jurisdictions in which it does business, PacifiCorp will from time to time be required to produce Confidential Information, and may do so without prior notice and use its business judgment in its compliance with all of the foregoing and the in seeking an appropriate level of confidentiality for such disclosures.

Protective Order. Except as provided in Section 2(b) of this Agreement, if Recipient becomes legally compelled to disclose any Confidential Information, it must provide Disclosing Party with prompt prior written notice so that Disclosing Party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, Recipient must (i) furnish only that portion of the Confidential Information which, in accordance with the advice of its own counsel, is legally required to be furnished, and (ii) exercise reasonable efforts to obtain assurances that confidential treatment will be accorded the Confidential Information so furnished. Notwithstanding the foregoing, and without limiting Section 2(b), the parties acknowledge that PacifiCorp is required by law or regulation to report certain information that could embody Confidential Information from time to time, and may do so from time to time without providing prior notice to BidderCounterparty. Such reports include models, filings, and reports of PacifiCorp’s net power costs, general rate case filings, power cost adjustment mechanisms, FERC-required reporting such as those made on FERC Form 1, Form 12, or Form 714, market power and market monitoring reports, annual state reports that include resources and loads, integrated resource planning reports, reports to entities such as the North American Electric Reliability Corporation, Western Electricity Coordinating Council, Pacific Northwest Utility Coordinating Committee, Western Regional Generation Information System, or similar or successor organizations, or similar or successor forms, filings, or reports, the specific names of which may vary by jurisdiction, along with supporting documentation. Additionally, in regulatory proceedings in all state and federal jurisdictions in which it does business, PacifiCorp will from time to time be required to produce Confidential Information, and may do so without prior notice and use its business judgment in its compliance with all of the foregoing and the in seeking an appropriate level of confidentiality it seeks for such disclosures.

Protective Order. Except as provided in Section 2(b) of this Agreement, if Recipient becomes legally compelled In the event that Employee is requested or required to disclose the Confidential Information pursuant to Section 5(a), (b) or (c) above, it is agreed that Employee shall provide the Company with prompt written notice of such request(s) at least ten (10) days prior to making any such disclosure and advise whether or not Employee intends to seek an appropriate protective order to preclude disclosure of such information. If Employee seeks a protective order, the Company or any Affiliate may join in such action. If Employee does not seek a protective order, then the Company or an Affiliate shall have such right to seek a protective order. The parties to the Agreement agree to cooperate in seeking a protective order if any party hereto so requests. If Employee seeks such protective order, without the Company or the Affiliate joining such action, or if the Company and/or the Affiliate commences such action, without Employee seeking or joining in such action, then the party seeking such protective order shall pay the attorney fees and expenses associated therewith, including the reasonable attorney fees and costs of any other party to this Agreement who requires such legal counsel to protect her or its interest pursuant to such action. If Employee or the Company (and/or Affiliate) both join in such action, then each shall be responsible for her or its respective attorney fees and costs. If, in the absence of a protective order or the receipt of a waiver hereunder, a party is legally bound, in the written opinion of its counsel, to disclose the Confidential Information, it must provide Disclosing Party with prompt prior written notice may legally do so that Disclosing Party may seek without a protective order or other appropriate remedybreach of this Agreement. If such protective order or other remedy is not obtainedPNM and Affiliates shall instruct their directors, Recipient must (i) furnish only that portion of officers, employees, agents and attorneys to maintain the Confidential Information which, in accordance with the advice of its own counsel, is legally required to be furnished, and (ii) exercise reasonable efforts to obtain assurances that confidential treatment will be accorded the Confidential Information so furnishedconfidentiality provisions hereof. Notwithstanding the foregoing, and without limiting Section 2(b), all parties hereby consent to the parties acknowledge that PacifiCorp is required by law disclosure of information contained in or regulation related to report certain information that could embody Confidential Information from time this Agreement to time, and may do so from time to time without providing prior notice to Bidder. Such reports include models, filings, and reports of PacifiCorp’s net power costs, general rate case filings, power cost adjustment mechanisms, FERC-required reporting such as those made on FERC Form 1, Form 12, or Form 714, market power and market monitoring reports, annual state reports that include resources and loads, integrated resource planning reports, reports to entities such as the North American Electric Reliability Corporation, Western Electricity Coordinating Council, Pacific Northwest Utility Coordinating Committee, Western Regional Generation Information System, or similar or successor organizations, or similar or successor forms, filings, or reports, the specific names of which may vary by jurisdiction, along with supporting documentation. Additionallyextent required, in regulatory proceedings in all state the opinion of counsel to a party hereto, to comply with applicable securities laws and federal jurisdictions in regulations or the laws and regulations administered by the NMPUC which it does business, PacifiCorp will from time to time be required to produce Confidential Information, and may do so without prior notice and use its business judgment in its compliance with all of the foregoing and the in seeking an appropriate level of confidentiality for bind such disclosuresparty.

Protective Order. Except as provided in Section 2(b) of this Agreement, if Recipient becomes legally compelled In the event that EMPLOYEE is requested or required to disclose any Confidential InformationInformation as defined in paragraph 7(a) above, it must is agreed that EMPLOYEE shall provide Disclosing Party the COMPANY with prompt prior written notice of such request(s) at least ten (10) days prior to making any such disclosure and advise whether or not EMPLOYEE intends to seek an appropriate protective order to preclude disclosure of such information. If EMPLOYEE seeks a protective order, the COMPANY or any affiliate may join in such action. If EMPLOYEE does not seek a protective order, then the COMPANY or an affiliate shall have such right to seek a protective' order. The parties to the Agreement agree to cooperate in seeking a protective order if any party hereto so that Disclosing Party may seek requests. If EMPLOYEE seeks such protective order, without the COMPANY or the affiliate joining such action, or if the COMPANY and/or the affiliate commences such action, without EMPLOYEE seeking or joining in such action, then the party seeking such protective order shall pay the attorney fees and expenses associated therewith, including the reasonable attorney fees and costs of any other party to this Agreement who requires such legal counsel to protect his or its interest pursuant to such action. If EMPLOYEE or the COMPANY (and/or affiliate) both join in such action, then each shall be responsible for his/her or its respective attorney fees and costs. If, in the absence of a protective order or other appropriate remedy. If such protective order or other remedy the receipt of a waiver hereunder, a party is not obtainedlegally bound, Recipient must (i) furnish only that portion in the written opinion of its counsel, to disclose the Confidential Information whichInformation, in accordance with the advice it may legally do so without a breach of its own counsel, is legally required to be furnished, and (ii) exercise reasonable efforts to obtain assurances that confidential treatment will be accorded the Confidential Information so furnishedthis Agreement. Notwithstanding the foregoing, and without limiting Section 2(b), all parties hereby consent to the parties acknowledge that PacifiCorp is required by law disclosure of information contained in or regulation related to report certain information that could embody Confidential Information from time this Agreement to time, and may do so from time to time without providing prior notice to Bidder. Such reports include models, filings, and reports of PacifiCorp’s net power costs, general rate case filings, power cost adjustment mechanisms, FERC-required reporting such as those made on FERC Form 1, Form 12, or Form 714, market power and market monitoring reports, annual state reports that include resources and loads, integrated resource planning reports, reports to entities such as the North American Electric Reliability Corporation, Western Electricity Coordinating Council, Pacific Northwest Utility Coordinating Committee, Western Regional Generation Information System, or similar or successor organizations, or similar or successor forms, filings, or reports, the specific names of which may vary by jurisdiction, along with supporting documentation. Additionallyextent required, in the opinion of counsel to a party hereto, to comply with applicable securities laws and Officer Retention Plan Release regulations or the laws and regulations administered by any state or federal utility regulatory proceedings in all state and federal jurisdictions in body which it does business, PacifiCorp will from time to time be required to produce Confidential Information, and may do so without prior notice and use its business judgment in its compliance with all of the foregoing and the in seeking an appropriate level of confidentiality for bind such disclosuresparty.