Trade Secrets/Commercial Information Sample Clauses

Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations. Section 21.04. Claim of Confidentiality. Information of any tangible form including any document that Seller wishes to be protected from disclosure to third parties, including any information provided as a part of a Bid Proposal Package submitted in response to RESRFP22-1, must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA.
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Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations.
Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations (see xxx.xxxxxxx.xxx/Xxxxx/XXXXXXX.Xxxxxxxxxxx.xxx).
Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Contractor and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations (see xxx.xxxxxxx.xxx/Xxxxx/XXXXXXX.Xxxxxxxxxxx.xxx). EXHIBIT A Total Incentive N YSERDA’s incentive payment schedule will be aligned with the applicable utility payment schedule. Contractor Name: Agreement Number: Project Name: Incentive Payment Incentive Amount Total Incentive $X EXHIBIT B REVISED 12/19 STANDARD TERMS AND CONDITIONS FOR ALL NYSERDA AGREEMENTS (Based on Standard Clauses for New York State Contracts and Tax Law Section 5-a) The parties to the Agreement agree to be bound by the following clauses which are hereby made a part of the Agreement to the extent applicable:
Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Contractor and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations (see xxx.xxxxxxx.xxx/Xxxxx/XXXXXXX.Xxxxxxxxxxx.xxx). EXHIBIT A Total Incentive Contractor Name: Agreement Number: Project Name: Incentive Payment Incentive Amount Payment 1: Commercial Operation ($XXX/kW) $[70% Total Incentive] Payment 2: Annual Payment $[1/7 of 30% Total Incentive] Payment 3: Annual Payment $[1/7 of 30% Total Incentive] Payment 4: Annual Payment $[1/7 of 30% Total Incentive] Payment 5: Annual Payment $[1/7 of 30% Total Incentive] Payment 6: Annual Payment $[1/7 of 30% Total Incentive] Payment 7: Annual Payment $[1/7 of 30% Total Incentive] Payment 8: Annual Payment $[1/7 of 30% Total Incentive] Total Incentive $X EXHIBIT B REVISED 5/12 STANDARD TERMS AND CONDITIONS FOR ALL NYSERDA AGREEMENTS (Based on Standard Clauses for New York State Contracts and Tax Law Section 5-a) The parties to the Agreement agree to be bound by the following clauses which are hereby made a part of the Agreement:
Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations. Section 21.04. Claim of Confidentiality. Information of any tangible form including any document that Seller wishes to be protected from disclosure to third parties, including any information provided as a part of a Proposal submitted in response to T4RFP21-1, must be marked “Confidential” or “Proprietary” at the time such information is provided to NYSERDA. Seller shall not be required to submit information to NYSERDA in a non-confidential, non- proprietary format. NYSERDA reserves the right to make public, after the fifth anniversary of the Contingent Award Notification Date, this Agreement, in its entirety or in part. [Signature Page Follows] The Parties hereto have caused this Agreement to be executed and delivered by their duly authorized representatives. CLEAN PATH NEW YORK LLC NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY By: energyRe LLC By: Xxxxxx X. Xxxxxx Digitally signed by Xxxxxx X. Xxxxxx Date: 2021.11.29 17:37:13 -05'00' Name: Xxxxxx Xxxxxx Name: Xxxx Xxxx Title: President and CEO Title: Founding Partner Date: November 29, 2021 Date: November 29, 2021 By: Invenergy FP Holdings LLC Name: Xxxxxxx Xxxxxx Title: President Date: November 29, 2021 EXHIBITS AND SCHEDULES TO TIER 4 RENEWABLE ENERGY CERTIFICATE STANDARD FORM PURCHASE AND SALE AGREEMENT Exhibit A Standard Terms and Conditions for all NYSERDA Agreements Exhibit B Form of Irrevocable Standby Letter of Credit Exhibit C NYSERDA Prompt Payment Policy Exhibit D Form of Guaranty Exhibit E Description of Selected Project Exhibit F Economic Benefits Claims and Verification Exhibit G Project Labor Agreement Requirements Exhibit H-1 Framework For Provision Of Disadvantaged Community Benefits Exhibit H-2 Commitments Regarding Disadvantaged Communities Benefit Programs Exhibit I Non-PLA Resources Schedule 3.01 Delivery Verification Plan EXHIBIT A REVISED 12/19 STANDARD TERMS AND...
Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Contractor and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations (see xxx.xxxxxxx.xxx/Xxxxx/XXXXXXX.Xxxxxxxxxxx.xxx). Attachment A Total Incentive Contractor Name: Agreement Number: Project Name: Incentive Payment Incentive Amount Milestone Payment 1: Commercial Operation ($82.50/kWh) $X Milestone Payment 2: Performance Data Payment $X Milestone Payment 3: Performance Data Payment $X Milestone Payment 4: Performance Data Payment $X Total Incentive $X EXHIBIT B REVISED 5/12 STANDARD TERMS AND CONDITIONS FOR ALL NYSERDA AGREEMENTS (Based on Standard Clauses for New York State Contracts and Tax Law Section 5-a) The parties to the Agreement agree to be bound by the following clauses which are hereby made a part of the Agreement:
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Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations. In connection with any such request, to the extent Seller marks its material as “Confidential” or “Proprietary”, Seller agrees to provide NYSERDA with a full set of specific, proposed redactions of the applicable material along with Seller’s justification for each proposed redaction. To the extent Seller fails to comply with the immediately preceding sentence, Seller consents to NYSERDA’s disclosure of the material in NYSERDA’s sole discretion.
Trade Secrets/Commercial Information. The FOIL (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and that has been marked
Trade Secrets/Commercial Information. The FOIL Law (Public Officers Law § 87(d)(2)) provides an exception to disclosure for records or portions thereof that “are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” If NYSERDA receives a request from a third party for information or a document received from Seller and which has been marked “Confidential” or “Proprietary,” NYSERDA will process such request under the procedures provided by NYSERDA’s FOIL regulations. [Signature Page Follows] EXECUTION VERSION
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