Common use of CAISO Clause in Contracts

CAISO. The CAISO shall maintain the confidentiality of all of the documents, materials, data, or information (“Data”) provided to it by any other Party that reflects or contains: (a) Data treated as confidential or commercially sensitive under the confidentiality provisions of Section 20 of the CAISO Tariff; (b) Critical Energy Infrastructure Information, as defined in Section 388.113(c)(1) of the FERC’s regulations; (c) technical information and materials that constitute valuable, confidential, and proprietary information, know-how, and trade secrets belonging to a Party, including, but not limited to, information relating to drawings, maps, reports, specifications, and records and/or software, data, computer models, and related documentation; or (d) Data that was previously public information but that was removed from public access in accordance with FERC’s policy statement issued on October 11, 2001 in Docket No. PL02-1-000 in response to the September 11, 2001 terrorist attacks. In order to be subject to the confidentiality protections of this Section 26.3, Data provided by a Party to the CAISO after January 1, 2005 which is to be accorded confidential treatment, as set forth above, shall be marked as “Confidential Data.” Such a marking requirement, however, shall not be applicable to the Data provided by a Party to the CAISO prior to January 1, 2005 so long as the Data qualifies for confidential treatment hereunder. Notwithstanding the foregoing, the CAISO shall not keep confidential: (1) information that is explicitly subject to data exchange through the CAISO Website pursuant to Section 6 of the CAISO Tariff; (2) information that the CAISO or the Party providing the information is required to disclose pursuant to this Agreement, the CAISO Tariff, or applicable regulatory requirements (provided that the CAISO shall comply with any applicable limits on such disclosure); or (3) the information becomes available to the public on a non-confidential basis (other than as a result of the CAISO's breach of this Agreement).

CAISO. The CAISO shall maintain the confidentiality of all of the documents, materials, data, or information (“Data”) provided to it by any other Party that reflects or contains: (a) Data treated as confidential or commercially sensitive under the confidentiality provisions of Section 20 of the CAISO Tariff; (b) Critical Energy Infrastructure Information, as defined in Section 388.113(c)(1) of the FERC’s regulations; (c) technical information and materials that constitute valuable, confidential, and proprietary information, know-how, and trade secrets belonging to a Party, including, but not limited to, information relating to drawings, maps, reports, specifications, and records and/or software, data, computer models, and related documentation; or (d) Data that was previously public information but that was removed from public access in accordance with FERC’s policy statement issued on October 11, 2001 2001, in Docket No. PL02-1-000 in response to the September 11, 2001 2001, terrorist attacks. In order to be subject to the confidentiality protections of this Section 26.3, Data provided by a Party to the CAISO after January 1, 2005 which is to be accorded confidential treatment, as set forth above, shall be marked as “Confidential Data.” Such a marking requirement, however, shall not be applicable to the Data provided by a Party to the CAISO prior to January 1, 2005 2005, so long as the Data qualifies for confidential treatment hereunder. Notwithstanding the foregoing, the CAISO shall not keep confidential: (1) information that is explicitly subject to data exchange through the CAISO Website pursuant to Section 6 of the CAISO Tariff; (2) information that the CAISO or the Party providing the information is required to disclose pursuant to this Agreement, the CAISO Tariff, or applicable regulatory requirements (provided that the CAISO shall comply with any applicable limits on such disclosure); or (3) the information becomes available to the public on a non-confidential basis (other than as a result of the CAISO's breach of this Agreement).