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HomeMy WebLinkAbout20090526Exhibit B to Protective Agreement.pdf..'\ ~... ~.1 '~-~ t\.' :. EXHIBIT B ", \\0 Mt',' 25 Pi; 2: 25 TO PROTECTIVE AGREEMENT CASE NO. IPC-E-~'~031\ i li ¡\'I' '¡ 0" '. This Exhibit B is in fuiiherance to the confidentiality obligations of the Piñi~ít/"Agi:~éinent dated March 26, 2009, in Case No. IPC-E-09-03. WHEREAS, the undersigned Party seeks access to certain Siemens Confidential Information (whether directly through Siemens or via Idaho Power) in connection with IPC-E-09-03, and Siemens is willng to provide such access to Siemens Confidential Information pursuant to the tenns of the Protective Agreement and the additional terms that follow: 1. To be considered as "Confidential Information" Siemens Confidential Infonnation need not be marked by Idaho Power, need not be printed on colored paper, and need not be accompanied by an attorney's ceiiificate (para l(a) revision). 2. Only employees and legal counsel specifically identified by the Party and approved in writing by Siemens shall be authorized to access Siemens confidential information. Such specifically approved persons shall not discuss, disclose, or allow access to the Siemens Confidential Information with any person not similarly authorized access to such Siemens Confidential Information (para l(c) revision). 3. No copies or transcriptions of Siemens Confidential Information shall be made, in whole or part, without the express wrttten permission of Siemens (para 2(a) revision). 4. In the event the Party submitted a bid, in connection with IPC-E-09-03, the Party shall provide Siemens (whether directly or via Idaho Power) with its Confidential InfOlmation that is equivalent and corresponding to the Siemens Confidential Information that it accesses. 5. Siemens shall have the same rights and benefits vis-à-vis the Paity for Siemens Confidential Inforntation as Idaho Power has for its Confidential Information under the Protective Agreement. 6. The Siemens Confidential Infonnation is provided on an "as is" basis and without warrantY' of any kind. Siemens shall not be liable. for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, tort (including negligence), strict liabìlty or otherwise due to Insurers use or misuse of the Siemens Confidential Information. IN WITNESS WHEREOF, each of the undersigned represents and warrants that this Exhibit B is executed by a duly authorized representative as set forth below. ..'\~.. AL. \ Ô, ,,- \\¿\." k..\. iP¡" Sh.,A r Paityl?~ R/¿K 5te;¿ÍJj ¡PUt. $kf£Eì1neer me7Cc.Id,~ Power Company f'\~;\'-C( ",',d' . (./~ Title:c.. IV rf't:/\'\'\" \ (~ EXHIBIT B EXHIBIT B " , 'Q~V?ç PH 2: 25 TO PROTECTIVE AGREEMENT CASE NO. IPC-E-09-a~lû) tt, ì 1_) 10;\\'\U,,\),This Exhibit B is in fuitherance to the confidentiality obligations of the Protegtrt.lA\glèeilteÏlt dated March 26, 2009, in Case No. IPC-E-09-03., WHEREAS, the undersigned Party seeks access to ceitain Siemens Confidential Infonnation (whether directly through Siemens or via Idaho Power) in connection with IPC-E-09-03. and Siemens is . wiling to provide such access to Siemens Confidential Infonnation pursuant to the tenns of the Protective Agreement and the additional tenus that follow: . 1. To be considered as "Confidential Information" Siemens Confidential Infonnation need not be marked by Idaho Power, need not be printed on colored paper. and need not be accompanied by an attomey's cei1ificate (para 1 (a) revision). 2. Only employees and legal counsel specifically identified by the Party and approved in writing by Siemens shall be authorized to access Siemens confidential information. Such specifically approved persons shall not discuss, disclose, or allow access to the Siemens Confidential Infonnation with any person not similarly authorized access to such Siemens Confidential Infonuation (para 1 (c) revision). 3. No copies or transcriptions of Siemens C01ifidential Infoimation shall be made, in whole or part, without the express written pennission of Siemens (para 2(a) revision). 4. In the event the Party submitted a bid in connection with IPC-E-09-03, the Party shall provide Siemens (whether directly or via Idaho Power) with its Confident.ial InIonnation that is equivalent and corresponding to the Siemens Confidential Infonnation that it accesses. 5. Siemens shall have the same lights and benefits vis-à-vis the Party for Siemens Confidential Infonnation as Idaho Power has for its Confidential Infonnation under the Protective Agreement. 6. The Siemens Confidential Infoiiuation is provided on an "as is" basis and without waranty of any kind. Siemens shall not be liable for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liabilty arises out of contract, toit (including negligence), strict liability or otherwise due to Insurers use or misuse of the Siemens Confidential Infonnation. IN WITNESS WHEREOF, each of the undersigned represents and executed by a duly authorized representative as set forth below. , mens:n~~, i~a¿po~~o~pan: ~11-- __ ) ,,;;)j~I¿X_, warrants that this Exhibit B is Signatu -: L)o f'\ k. \ lc."jName: m-IF f Fi '(. Title: Mt. ú Nj7C rç;r\ \ ~ OV rt"' ( Party - Invenergy\, t- tbW"S' VVv l \¡l kç \ bU.,hll1li.- EXHIBITB EXHIBITB TO PROTECTIVE AGREEMENT CASE NO. IPC-E-09-03 I)ni~n M ~ v ?;.i!J,J': ni' i L_ '" This Exhibit B is in furtherance to the confidentiality obligations of the ProtefWX~\~~'~7tr~Pt dated March 26,2009, in Case No. IPC-E-09-03. . \ ,ni il+\;..:,:,:.....~ ".j"'",!,'" ,,'.';j 1 :¡~,', ..... 2: 25 WHEREAS, the undersigned Pary seeks access to certain Siemens Confidential Information (whether directly through Siemens or via Idaho Power) in connection with IPC-E-09-03, and Siemens is willng to provide such access to Siemens Confidential Infonnationpursuant to the terms of the Protective Agreement 'and the additional terms that follow: 1. To be considered as "Confidential Information" Siemens Confidential Information need not be matked by Idaho 'power, need not be printed on colored paper, and need not be accompanied by anattorney's certificate (para l(a) revision). 2. Only employees and legal counsel specifically identified by the Party and approved in writing by Siemens shall be authorized to access, Siemens confidential information. Such specifically approved persons shall not discuss, disclose, or allow access to the Siemens Confidential Information with any person not similarly authorized access to such Siemens Confidential Information (para l(c) revision). 3. No copies or transcriptions of Siemens Confidential Information shall be made, in whole or pait, without the express written permission of Siemens (para 2(a) revision). 4. In the event the Paity submitted a bid in connection with IPC-E-09-03, .the Party shall provide Siemens (whether directly or via Idaho Power) with its Confidential Information that is equivalent and conesponding to the Siemens Confidential Information that it accesses. 5. Siemens shall have the same rights and benefits vis-à-vis the Pary for Siemens Confidential Information as Idaho Power has for its Confidential Information under the Protective Agreement. 6. The Siemens Confidential Information is provided on an "as is" basis and without waranty of any kind. Siemens shall not be liable for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, tort (including negligence), strict liabilty or otherwise due to Insurers use or misuse of the Siemens Confidential Information. IN WITNESS WHEREOF, each of the undersigned represents and warrants that this Exhibit B is executed by a duly authorized representative as set foith below. . ~ensEn Signatur~ Name:~.. f¡(rZ ,Title: /lt (h~t:5 Idaho Power Company~tt Pary , AÓv;tr (tl( cc~A(j/l'U'fl" . .-dd. P04;.-- ß~.tl' .. ¡(,,tt-g;~t( fer ((l C h(!r elii ( 001\5 t- r EXHIBIT B