Customer Materials 3.1 If Customer provides Customer Materials in connection with Kigen providing the Services, Customer agrees that, subject to Clause 4 (Confidentiality), Kigen, its Subsidiaries, and Suppliers may use Customer Materials to provide the Services to Customer. Customer agrees that Kigen’s use of the Customer Materials does not require any additional consents or licences, will be in compliance with applicable laws, and will not violate any intellectual property, privacy or other right of any third party. As between Kigen and Customer, Customer retains all other rights in and to Customer Materials.
Interconnection Customer Authority Consistent with Good Utility Practice, this LGIA, and the CAISO Tariff, the Interconnection Customer may take actions or inactions with regard to the Large Generating Facility or the Interconnection Customer’s Interconnection Facilities during an Emergency Condition in order to (i) preserve public health and safety, (ii) preserve the reliability of the Large Generating Facility or the Interconnection Customer’s Interconnection Facilities,