Common use of Trade Secrets/Commercial Information Clause in Contracts

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 N YSERDANYSERDA’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: