Common use of Confidential Business Information Clause in Contracts

Confidential Business Information. The following constitutes "Confidential Business Information," whether oral or written: (a) the Parties' proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise expressly provided in this Agreement. "Confidential Business Information" shall not include information that (x) is in or enters the public domain through no fault of the Party receiving such information, or (y) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (d) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of Section 23, for a period of two years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "“Confidential Business Information," ” whether oral or written: (a) the Parties' ’ proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) information provided by Seller contained in periodic reports, including but not limited to those described in Section 6.10.1 and 6.11, and (d) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise expressly provided in this Agreement. "“Confidential Business Information" ” shall not include information that (xi) is in or enters the public domain through no fault of the Party receiving such such‌ information, or (yii) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (dc) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx mark all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of this Section 23, for a period of two (2) years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "“Confidential Business Information," ” whether oral or written: (a) the Parties' ’ proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) information provided by Seller contained in periodic reports, including but not limited to those described in Section 6.10.1 and 6.11, and (d) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise otherwise‌ expressly provided in this Agreement. "“Confidential Business Information" ” shall not include information that (xi) is in or enters the public domain through no fault of the Party receiving such information, or (yii) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (dc) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of this Section 23, for a period of two (2) years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "Confidential Business Information," whether oral or written: (a) the Parties' proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise expressly provided in this Agreement. "Confidential Business Information" shall not include information that (x) is in or enters the public domain through no fault of the Party receiving such information, or (y) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (d) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx mark all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of Section 23, for a period of two years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "“Confidential Business Information," ” whether oral or written: (a) the Parties' ’ proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) information provided by Seller contained in periodic reports, including but not limited to those described in Section 6.10.1 and 6.11, and (d) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise otherwise‌ expressly provided in this Agreement. "“Confidential Business Information" ” shall not include information that (xi) is in or enters the public domain through no fault of the Party receiving such information, or (yii) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (dc) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx mark all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of this Section 23, for a period of two (2) years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "Confidential Business Information," whether oral or written: (a) the Parties' proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) any information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 8.4.5. Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise expressly provided in this Agreement. "Confidential Business Information" shall not include information that (x) is in or enters the public domain through no fault of the Party receiving such information, or (y) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a), (c) and (d) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of Section 23, for a period of two (2) years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.

Confidential Business Information. The following constitutes "“Confidential Business Information," ” whether oral or written: (a) the Parties' ’ proposals and negotiations concerning this Agreement, made or conducted prior to the Effective Date, (b) the actual charges billed to PacifiCorp hereunder, (c) information provided by Seller contained in periodic reports, including but not limited to those described in Section 6.10.1 and 6.11, and (d) any information delivered by PacifiCorp to Seller prior to the Effective Date relating to the market prices of energy or Green Tags and methodologies for their determination or estimation, and (d) information identified as Confidential Business Information in the definition of “Commercial Operation” or in Section 6.10, Section 6.11 or Section 8.4.5 . Seller and PacifiCorp each agree to hold such Confidential Business Information wholly confidential, except as otherwise expressly provided in this Agreement. "“Confidential Business Information" ” shall not include information that (xi) is in or enters the public domain through no fault of the Party receiving such such‌ information, or (yii) was in the possession of a Party prior to the Effective Date, other than through delivery thereof as specified in subsections (a) and (dc) above. A Party providing any Confidential Business Information under this Agreement shall clearly xxxx all pages of all documents and materials to be treated as Confidential Business information with the term “Confidential” on the front of each page, document or material. If the Confidential Business Information is transmitted by electronic means the title or subject line shall indicate the information is Confidential Business Information. All Confidential Business Information shall be maintained as confidential, pursuant to the terms of this Section 23, for a period of two (2) years from the date it is received by the receiving Party unless otherwise agreed to in writing by the Parties.