Template:GTMA Master Agreement 2004 10: Difference between revisions
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{{gtmaprov|10}} '''{{gtmaprov|Confidentiality}}'''<br> | {{gtmaprov|10}} '''{{gtmaprov|Confidentiality}}'''<br> | ||
The {{gtmaprov|Parties}} shall treat the terms of {{gtmaprov|Agreement}} (including each {{gtmaprov|Transaction}}) and all information provided under or in connection with {{gtmaprov|Agreement}} ("{{gtmaprov|Confidential Information}} | The {{gtmaprov|Parties}} shall treat the terms of {{gtmaprov|Agreement}} (including each {{gtmaprov|Transaction}}) and all information provided under or in connection with {{gtmaprov|Agreement}} ("{{gtmaprov|Confidential Information}} “) as confidential and shall not disclose {{gtmaprov|Confidential Information}} without the prior written consent of the other {{gtmaprov|Party}}, save that consent shall not be required for disclosure:<br> | ||
:{{gtmaprov|10.1}} to directors, employees or {{gtmaprov|Affiliate}}s of a {{gtmaprov|Party}}, provided that they in turn are required by that {{gtmaprov|Party}} to treat the {{gtmaprov|Confidential Information}} as confidential in favour of the other {{gtmaprov|Party}} on terms substantially the same as those set out in this clause {{gtmaprov|10}} ;<br> | :{{gtmaprov|10.1}} to directors, employees or {{gtmaprov|Affiliate}}s of a {{gtmaprov|Party}}, provided that they in turn are required by that {{gtmaprov|Party}} to treat the {{gtmaprov|Confidential Information}} as confidential in favour of the other {{gtmaprov|Party}} on terms substantially the same as those set out in this clause {{gtmaprov|10}} ;<br> | ||
:{{gtmaprov|10.2}} to persons professionally engaged by a {{gtmaprov|Party}}, provided that they in turn are required by that {{gtmaprov|Party}} to treat the {{gtmaprov|Confidential Information}} as confidential in favour of the other {{gtmaprov|Party}} on terms substantially the same as those set out in this clause {{gtmaprov|10}} ;<br> | :{{gtmaprov|10.2}} to persons professionally engaged by a {{gtmaprov|Party}}, provided that they in turn are required by that {{gtmaprov|Party}} to treat the {{gtmaprov|Confidential Information}} as confidential in favour of the other {{gtmaprov|Party}} on terms substantially the same as those set out in this clause {{gtmaprov|10}} ;<br> | ||
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:{{gtmaprov|10.7}} to the extent required by the {{gtmaprov|System Operator}}, the {{gtmaprov|ECV Notification Agent}}, the {{gtmaprov|ECV Aggregation Agent}} or the {{gtmaprov|Settlement Administration Agent}} for the purposes of the performance of {{gtmaprov|Agreement}};<br> | :{{gtmaprov|10.7}} to the extent required by the {{gtmaprov|System Operator}}, the {{gtmaprov|ECV Notification Agent}}, the {{gtmaprov|ECV Aggregation Agent}} or the {{gtmaprov|Settlement Administration Agent}} for the purposes of the performance of {{gtmaprov|Agreement}};<br> | ||
:{{gtmaprov|10.8}} to the extent that the {{gtmaprov|Confidential Information}} is in or lawfully comes into the public domain other than by breach of this clause {{gtmaprov|10}} ; or<br> | :{{gtmaprov|10.8}} to the extent that the {{gtmaprov|Confidential Information}} is in or lawfully comes into the public domain other than by breach of this clause {{gtmaprov|10}} ; or<br> | ||
:{{gtmaprov|10.9}} to price reporting agencies in respect of {{gtmaprov|Contract Price}}, {{gtmaprov|Transaction Term}} and {{gtmaprov|Settlement Period Volume}}s only.<br> | :{{gtmaprov|10.9}} to price reporting agencies in respect of {{gtmaprov|Contract Price}}, {{gtmaprov|Transaction Term}} and {{gtmaprov|Settlement Period Volume}}s only.<br> {{c|Confidentiality}} | ||
Latest revision as of 16:02, 26 September 2016
10 Confidentiality
The Parties shall treat the terms of Agreement (including each Transaction) and all information provided under or in connection with Agreement ("Confidential Information “) as confidential and shall not disclose Confidential Information without the prior written consent of the other Party, save that consent shall not be required for disclosure:
- 10.1 to directors, employees or Affiliates of a Party, provided that they in turn are required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this clause 10 ;
- 10.2 to persons professionally engaged by a Party, provided that they in turn are required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this clause 10 ;
- 10.3 to the extent required by any government department or agency or regulatory authority having jurisdiction over that Party (including the Office of Gas and Electricity Markets);
- 10.4 to any bank, other financial institution or rating agency to the extent required in relation to the financing of a Party's business activities, provided that the bank, or other financial institution or rating agency, as the case may be, is required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this clause 10 ;
- 10.5 to the extent required by any applicable laws, judicial process or the rules and regulations of any recognised stock exchange;
- 10.6 to any intending assignee of the rights and interests of a Party under Agreement or to a person intending to acquire an interest in a Party or that Party's Affiliate holding company provided that the intending assignee or acquirer in turn is required by that Party to treat the Confidential Information as confidential in favour of the other Party on terms substantially the same as those set out in this clause 10 ;
- 10.7 to the extent required by the System Operator, the ECV Notification Agent, the ECV Aggregation Agent or the Settlement Administration Agent for the purposes of the performance of Agreement;
- 10.8 to the extent that the Confidential Information is in or lawfully comes into the public domain other than by breach of this clause 10 ; or
- 10.9 to price reporting agencies in respect of Contract Price, Transaction Term and Settlement Period Volumes only.