Common use of Legally Compelled Disclosure Clause in Contracts

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (B) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffs. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (B) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party Parties waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries Subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the TariffsPJM Agreements. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party Parties waive compliance with the non-disclosure provisions of this Section 9.18(b) 6.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-self- regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-non- disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (B) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (B) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 6.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party Parties waive compliance with the non-disclosure provisions of this Section 9.18(b) 6.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries subsidiaries, Representatives, lenders or Representatives tax equity investors, as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantBloom System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party Parties with prompt notice so that the other Party Parties may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party Parties waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, by opinion of counsel, is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (B) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Grantincluding, or tax credits relating theretobut not limited to, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) by legal or administrative process or (D) as reasonably required or requested by the DPL Agreements, the PJM Agreements or the Tariffsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Party Parties with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (B) above, to obtain reliable assurance that, to the maximum extent [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (Aincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (B) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffs. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Party parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Party may Non-Disclosing Parties to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised, by opinion of counsel, which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (B) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non-Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. Inc., the New York Department of Financial Services or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (Ciii) as reasonably required by under any Interconnection Agreement or any of the DPL Agreements, the PJM Agreements or the Tariffsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice of any such disclosure (other than any disclosure in connection with routine regulatory filings, reviews or audits, or requests for regulatory approvals in the ordinary course of the recipient’s business, which, in each case, may be made without notice or restriction) so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed. If such protective order or other appropriate remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) obtained with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to DM_US 164459510-10.107145.0012 obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffsunder any Interconnection Agreement. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b) 10.3 with respect to the Table of Contents information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party If the receiving party or any of its Affiliates or their respective stockholdersRepresentatives are required in any judicial, membersgovernmental, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchangeadministrative, the Financial Industry Regulatory Authority, Inc. regulatory or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (B) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Grantlegal proceeding, or tax credits relating theretopursuant to subpoena, including in connection with a request for any private letter ruling, any determination letter civil investigative demand or any audit, or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffs. If a Party becomes compelled by legal or administrative other compulsory process to disclose any Confidential Evaluation Material or any Transaction Information, the receiving party and such Party shall, to the extent permitted by Legal Requirements, Representative shall first provide the other Party disclosing party with prompt and advance written notice of any such legal proceeding or compulsory process (unless such notice would violate applicable law or regulation) so that the other Party disclosing party may seek a protective order or other appropriate remedy or waive compliance with (at the non-disclosure provisions disclosing party’s sole expense). If, in the absence of this Section 9.18(b) with respect to the information required to be disclosed. If such a protective order or other remedy is not obtainedor the receipt of a waiver by the disclosing party, the receiving party or any of its Representatives determine, after consultation with and upon the advice of outside legal counsel, that the receiving party or any such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information Representative are legally required to be discloseddisclose Evaluation Material or Transaction Information, the first Party shall furnish receiving party and any such Representative may disclose only that portion of the Evaluation Material or Transaction Information which the receiving party or any such information that it is advisedRepresentative determines, by opinion after consultation with and upon the advice of outside legal counsel, Confidentiality Agreement is legally required to be furnished and disclosed; provided, that the receiving party or such Representative shall exercise use commercially reasonable efforts, at efforts to preserve the expense confidentiality of the Party whose Confidential Evaluation Material or Transaction Information is being so disclosed, including by reasonably cooperating with the disclosing party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (B) above, to obtain reliable assurance thatwill, to the maximum extent permitted possible extent, be accorded to the Evaluation Material and Transaction Information by applicable Legal Requirementssuch tribunal or other public or governmental authority at the disclosing party’s sole expense. Notwithstanding any other provision of this Agreement, no prior notice or other action shall be required in respect of any disclosure made to any banking, financial, accounting, securities or other supervisory or regulatory authority exercising its routine supervisory or audit functions, provided that such information will disclosure is made in the ordinary course and is not be made available for public inspection pursuant specific to Section 6110 of the Codedisclosing party, the Transaction or the Evaluation Material.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantFacility, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by under any Interconnection Agreement or any of the DPL Agreements, the PJM Agreements or the Tariffsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 9.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b) 9.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (B) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Grantincluding, or tax credits relating theretobut not limited to, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) by legal or administrative process or (D) as reasonably required or requested by the DPL Agreements, the PJM Agreements or the Tariffsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Party Parties with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (B) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantNew System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, audit or (Ciii) as reasonably required by under any Interconnection Agreement or any of the DPL Agreements, the PJM Agreements or the Tariffsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) 8.3 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b) 8.3 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (A) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives a Party Representative as a result of any applicable Legal Requirement Applicable Law or any rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. National Association of Insurance Commissioners or other regulatory authority or self-regulatory authority having jurisdiction over such PartyParty or its Party Representatives, (B) as required or requested by the IRSInternal Revenue Service, the Department of Justice or the Office of the Inspector General in connection with a Grantincluding, or tax credits relating theretobut not limited to, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) by legal or administrative process or (D) as reasonably required or requested by the DPL Agreements, the PJM Agreements or the Tariffsany Governmental Authority. If a Party or its Party Representatives becomes compelled or requested by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal RequirementsApplicable Law, provide the other Party Parties with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of this Section 9.18(b14(b) with respect to the information required to be disclosed, the first Party shall, and shall cause such affiliate or its Party Representative to, furnish only that portion of such information that it is advised, by opinion of its counsel, is legally required or advisable to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS Internal Revenue Service described in clause (B) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal RequirementsApplicable Law, such information will not be made available for public inspection pursuant to Section 6110 of the CodeInternal Revenue Code of 1986, as amended.

Legally Compelled Disclosure. Confidential Information may be disclosed In the event that any party is requested or becomes legally compelled (Aincluding without limitation, pursuant to securities laws and regulations) as required or requested to be disclosed by a Party or disclose the existence of any of its Affiliates or their respective stockholdersthe Financing Terms, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (B) as required or requested by the IRS, the Department of Justice or the Office Financing Agreements, in contravention of the Inspector General in connection with a Grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffs. If a Party becomes compelled by legal or administrative process to disclose any Confidential Informationprovisions of this Section 6.14, such Party shall, to party (the extent permitted by Legal Requirements, “Disclosing Party”) shall provide the other Party parties (the “Non-Disclosing Parties”) with prompt written notice so of that fact before such disclosure and will use its reasonable efforts to fully cooperate with the other Party may Non-Disclosing Parties to seek a protective order order, confidential treatment, or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be discloseddisclosure. If In such protective order or other remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosedevent, the first Disclosing Party shall furnish for disclosure only that portion of such the information that it is advised, by opinion of counsel, which is legally required to be furnished and shall exercise its reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, efforts to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures information to the IRS described in clause (B) above, to obtain reliable assurance that, extent reasonably requested by any Non-Disclosing Party and to the maximum extent possible under law. The Disclosing Party agrees that it will provide the Non-Disclosing Parties with drafts of any documents, press releases or other filings in which the Disclosing Party is required to disclose any of the Financing Agreements or Financing Terms or any other confidential information subject to the terms of this Section 6.14 at least five (5) business days prior to the filing or disclosure thereof, and that it will make any changes to such materials as requested by any Non-Disclosing Party to the extent permitted by applicable Legal Requirementslaw or any rules and regulations of the SEC or the Russian Federation, as applicable. If confidential treatment is requested by any Non-Disclosing Party, the Disclosing Party agrees to file such information a request on such Non-Disclosing Party’s behalf and use its reasonable efforts in responding to any SEC or other governmental entity’s comments to pursue assurance that confidential treatment will be granted, in both cases fully cooperating with such Non-Disclosing Party (including, without limitation, providing such Non-Disclosing Party with the opportunity to review and comment on the request and the responses to any such SEC comments). The Disclosing Party will not file any Financing Agreement with any governmental authority or any regulatory body, or disclose the identity of any Non-Disclosing Party or any other Financing Terms in any filing except as permitted above. Notwithstanding the foregoing, the Company shall be made available for public inspection permitted, without notice to the Non- Disclosing Parties, to disclose in connection with the filing of a Form D Notice of Exempt Offering of Securities with the applicable governmental authorities, the aggregate amount of securities sold pursuant to Section 6110 the Series D Agreement so long as such disclosure does not include the identity of the Codeany Non-Disclosing Party.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. Inc., the New York Department of Financial Services or other regulatory authority or self-regulatory authority having jurisdiction over such Party, (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a GrantPhase 2 New System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (Ciii) as reasonably required by under any Interconnection Agreement or any of the DPL Agreements, the PJM Agreements or the Tariffsother Transaction Documents. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice of any such disclosure (other than any disclosure in connection with routine regulatory filings, reviews or audits, or requests for regulatory approvals in the ordinary course of the recipient’s business, which, in each case, may be made without notice or restriction) so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of this Section 9.18(b) with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive compliance with the non-disclosure provisions of this Section 9.18(b) obtained with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.

Legally Compelled Disclosure. Confidential Information may be disclosed (Ai) as required or requested to be disclosed by a Party or any of its Affiliates or their respective stockholders, members, subsidiaries or Representatives as a result of any applicable Legal Requirement or rule or regulation of any stock exchange, the Financial Industry Regulatory Authority, Inc. or other regulatory authority or self-regulatory 15 DM_US 157179328-13.085887.0029 authority having jurisdiction over such Party, or (Bii) as required or requested by the IRS, the Department of Justice or the Office of the Inspector General in connection with a Grantan Existing System, cash grant, or tax credits relating thereto, including in connection with a request for any private letter ruling, any determination letter or any audit, or (C) as reasonably required by the DPL Agreements, the PJM Agreements or the Tariffs. If a Party becomes compelled by legal or administrative process to disclose any Confidential Information, such Party shall, to the extent permitted by Legal Requirements, provide the other Party with prompt notice so that the other Party may seek a protective order or other appropriate remedy or waive compliance with the non-disclosure provisions of Section 6.1 and this Section 9.18(b) 6.2 with respect to the information required to be disclosed. If such protective order or other remedy is not obtained, or such other Party waive waives compliance with the non-disclosure provisions of Section 6.1 and this Section 9.18(b) 6.2 with respect to the information required to be disclosed, the first Party shall furnish only that portion of such information that it is advised, advised by opinion of counsel, counsel is legally required to be furnished and shall exercise reasonable efforts, at the expense of the Party whose Confidential Information is being disclosed, to obtain reliable assurance that confidential treatment will be accorded such information, including, in the case of disclosures to the IRS described in clause (Bii) above, to obtain reliable assurance that, to the maximum extent permitted by applicable Legal Requirements, such information will not be made available for public inspection pursuant to Section 6110 of the Code.