E-1EfficiencyOne Application - Revised Application see Exhibit E-43
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her EfficiencyOne or NSPI. " Parties " means EfficiencyOne and NSPI. EfficiencyOne pursuant to Section 79K of the Act. (v) " Personal Information " shall mean the information provided by NSPI to
AI summary Defines key terms in the proceeding, including 'Parties' as EfficiencyOne and NSPI, referencing Section 79K of the Act, and defining 'Personal Information' as data provided by NSPI.
11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 11.2 EfficiencyOne shall be r...
AI summary The document outlines a confidentiality agreement between EfficiencyOne and NSPI, requiring EfficiencyOne to secure personal information provided by NSPI and indemnify NSPI against liabilities arising from misuse or unauthorized disclosure of such information.
1 IN WITNESS THEREOF , the Parties have duly executed this Agreement, in duplicate, as of the 2 date set forth above. 1 2 3 4 (s.14), intellectual property (s. 17), notification (s. 21) and general provisions (s. 26) as well as any provisi...
AI summary This document outlines an agreement between EfficiencyOne and Nova Scotia Power Incorporated, including confidentiality and non-disclosure terms. It references the UARB's approval of performance standards and includes sections on intellectual property, liability, and general provisions.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The recipient is restricted to using confidential information solely for EECA purposes as outlined in the legislation and supply agreement, with no other permitted uses.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The Recipient must protect confidential information with the same care as their own, prohibiting disclosure except as permitted by the agreement.
Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...
AI summary The Recipient acknowledges that Confidential Information is confidential and owned by the Disclosing Party, emphasizing its value and the detrimental impact of unauthorized disclosure on the Disclosing Party's interests.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality terms, requiring signed undertakings. Disclosures mandated by law or regulatory bodies are permitted with prior notice to the Disclosing Party, who may seek protective orders or waive confidentiality. The Recipient must attempt to redact commercially sensitive information before such disclosures.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The Recipient acknowledges that unauthorized use of Confidential Information would cause irreparable harm to the Disclosing Party, allowing the latter to seek equitable remedies without opposition. The Recipient agrees these provisions are fair and survive agreement termination.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The Recipient must return or destroy Confidential Information within 30 days of the Supply Agreement's termination or upon the Disclosing Party's request, with an exception allowing retention of one legal file copy for legal obligations. Written confirmation of compliance may be required.
Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...
AI summary The agreement prohibits the recipient and others with access to confidential information from using 'Residual Information'—defined as ideas, know-how, and techniques retained in the unaided memory of an ordinary skilled person—after the agreement's termination. An employee's memory is considered unaided unless they intentionally memorized the information.
Limited Rights - 12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. - For certainty, no license is granted under this Agreement...
AI summary The agreement restricts the recipient's rights to use confidential information solely under specified terms, explicitly denying any licenses related to patents, copyrights, or other intellectual property rights, either currently or in the future.
E-4REVISED Econoler Home Energy Report - March 18-2015
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Evaluation Approach for the Paper-based Component In 2012, the State and Local Energy Efficiency Action Network (SEE Action), facilitated by the U.S. Department of Energy and U.S. Environmental Protection Agency, developed a guideline on h...
AI summary The evaluation approach for the paper-based component references a 2012 SEE Action guideline recommending randomized controlled trials (RCT) and panel data analysis for behavior-based energy programs. Opower used RCT to quantify HER savings, but ENSC did not follow the guideline's independent evaluation requirements due to pre-existing contracts and confidentiality issues with Econoler, limiting data access.
2014 HER-R1. Explain in greater detail the characteristics of HER in the program documentation. Designed to influence and change participants' electricity use behaviour, HER is different from other program components undertaken by ENSC. Th...
AI summary The Evaluator emphasizes the need for detailed documentation of HER's characteristics, challenges, and evaluation methods. Key issues include discrepancies in participant numbers, selection processes, data confidentiality, and the need for comprehensive evaluation plans. Recommendations focus on validating data adjustments, comparing treatment/control groups, and analyzing long-term electricity consumption trends.
5 IMPACT EVALUATION FOR PAPER-BASED COMPONENT The objective of the 2014 impact evaluation of HER's paper-based component was to determine the net energy savings. In 2012, the State and Local Energy Efficiency Action Network (SEE Action), f...
AI summary The 2014 impact evaluation of HER's paper-based component aimed to assess net energy savings. SEE Action's guidelines recommended using RCT and panel data analysis, but Opower's evaluation lacked independent data cleaning and group assignment. Econoler's evaluation focused on verifying Opower's methodology due to confidentiality issues and prior contract constraints. No free-ridership effects were considered in the accepted savings calculations.
E-5REDLINE Version of Revised Econoler Home Energy Report - March 18-2015
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Evaluation Approach for the Paper-based Component In 2012, the State and Local Energy Efficiency Action Network (SEE Action), facilitated by the U.S. Department of Energy and U.S. Environmental Protection Agency, developed a guideline on h...
AI summary The document discusses the evaluation of Opower's Home Energy Report (HER) using methods recommended by SEE Action, including randomized controlled trials (RCT) and panel data analysis. However, Opower's evaluation lacked independent assignment of control/treatment groups, and confidentiality issues limited data access for Econoler's verification. Econoler focused on validating Opower's methods rather than estimating savings directly.
Recommendations Overall, the Econoler team finds that the paper-based component of HER has succeeded in achieving the expected results in terms of changing participants' electricity consumption behaviour. The impact of the web-based compon...
AI summary The Econoler team found the paper-based component of HER successful in changing electricity consumption behavior, but the web-based component's impact was unclear. Key recommendations include detailing HER's characteristics in documentation, reviewing Opower's databases, and conducting a billing analysis comparing treatment and control groups. These steps aim to improve evaluation accuracy and program effectiveness.
5 IMPACT EVALUATION FOR PAPER-BASED COMPONENT The objective of the 2014 impact evaluation of HER's paper-based component was to determine the net energy savings. BothIn 2012, the State and Local Energy Efficiency Action Network (SEE Action...
AI summary The 2014 impact evaluation of HER's paper-based component aimed to assess net energy savings using methods like RCT and panel data analysis. However, Opower's evaluation lacked independent oversight and data cleaning due to pre-existing contracts and confidentiality issues. Econoler's evaluation focused on verifying Opower's calculations rather than following SEE Action guidelines.
E-6Verification Review of Program Year 2014 Evaluation Results
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A. Evaluation Standards The primary standard in Demand Side Management evaluation is that evaluation must be conducted by an independent evaluator to guarantee the integrity of reported savings and to prevent conflict of interest. There ha...
AI summary The document outlines the importance of independent evaluators in Demand-Side Management (DSM) to ensure savings integrity and avoid conflicts of interest. Historically, utilities conducted evaluations, but separation became critical after issues with performance contractors led to inflated savings claims. By 1992, regulators mandated independent evaluations for DSM programs.
o carry out the random assignment, clean and adjust the data set and carry out the primary evaluation. Figure 9 shows the appropriate data flow and evaluation performance. Figure 9: Required Data Flow and Evaluation Performance. In Figure...
AI summary The document highlights a conflict of interest arising when a program vendor controls data and random assignment, undermining the evaluator's independence. This compromises data integrity, analogous to breaking evidence chain custody in legal contexts. The evaluator can only perform secondary analysis on vendor-provided data, weakening evaluation validity.
3. Summary Home Energy Report programs, introduced in 2008, have attracted participation by many utilities. Though initially pilots, some utilities now consider them DSM programs. The Home Energy Reports program type of evaluation has the...
AI summary Home Energy Report programs, initiated in 2008, are now considered DSM programs by some utilities. While their evaluation uses scientific methods like random household allocation, reliance on the program vendor's self-conducted evaluation creates a conflict of interest, violating procurement standards. Standalone behavioral programs show lower savings than initial analyses suggest.
63307Board Order
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11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality ("Confidentiality Agreement"). - 11.2 EfficiencyOne shall be res...
AI summary The Parties have executed a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or disclosure, as outlined in the Agreement and the Act.
27. SURVIVAL 27.1 Subject to the provisions of the Act, all provisions of this Agreement which by their express terms or nature are continuing shall survive the expiration or termination of this Agreement, including, without limitation, th...
AI summary This section outlines that certain provisions of the agreement will continue to be effective even after the agreement's expiration or termination, including provisions related to the EECA Plan, confidentiality, indemnity, and intellectual property.
Confidential Information 1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, a...
AI summary The agreement defines 'Confidential Information' as all information disclosed by the Disclosing Party to the Recipient, including reports, analyses, and other sensitive data, as directed by the Nova Scotia Utility and Review Board or under the Legislation.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The Recipient is restricted to using Confidential Information solely for EECA-related purposes, as governed by the Legislation and Supply Agreement, with no other permitted uses.
No Obligation to Disclose 3. This Agreement does not obligate either Party to disclose any Confidential Information to the other.
AI summary The agreement between the parties does not require either to disclose confidential information to the other, emphasizing non-disclosure obligations.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The clause mandates that the Recipient maintain strict confidentiality of shared information, protecting it from harm, loss, theft, unauthorized access, or disclosure. Disclosure is restricted to uses specified in the Agreement, with protections required to be at least as rigorous as those applied to the Recipient's own confidential information.
Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...
AI summary The Recipient acknowledges that Confidential Information is confidential, a trade secret, and owned by the Disclosing Party, emphasizing its value and the harm caused by unauthorized disclosure.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose confidential information to employees and advisors under strict confidentiality undertakings. Exceptions include legal obligations, court orders, or regulatory requirements, with prior notification to the Disclosing Party and efforts to remove sensitive data.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The Recipient acknowledges that breaches of confidentiality would cause irreparable harm to the Disclosing Party, allowing the latter to seek equitable remedies without opposition. The Recipient agrees not to oppose such relief, which remains available alongside other remedies. These provisions survive agreement termination.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The Recipient must return or destroy Confidential Information within 30 days of the Supply Agreement's termination or upon the Disclosing Party's request, with exceptions for retaining one legal file copy. Written confirmation of compliance may be required, unless otherwise specified.
Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...
AI summary The text defines 'Residual Information' as knowledge retained by an ordinary skilled person after accessing confidential information, excluding intentional memorization. It prohibits the recipient and others from using such residual information post-agreement termination.
General Provisions 15. This Agreement their is binding on the Parties, administrators, successors, executors assigns. and delivered this of Executed and day , 2015. EfficiencyOne Nova Scotia Power Incorporated By: Name: Name: Wayne O'Conno...
AI summary This document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, signed on a specific date in 2015. The agreement is binding on both parties and their successors, and it includes signatures from representatives of each organization.
UNDERTAKING AGREE TO IN THE OUT POWER I ABIDE AND AM BOUND BY THE TERMS CONFIDENTIALITY AGREEMENT DATED BETWEEN EFFICIENCYONE AND INCORPORATED. AND , HAVE READ SET AND CONDITIONS THEDAY OF NOVA SCOTIA of the day Dated 2014. Witness Name: R...
AI summary This document outlines an undertaking agreement between EfficiencyOne and Nova Scotia Power Incorporated, dated 2014, concerning confidentiality terms. The agreement is part of a broader regulatory context involving energy efficiency and conservation.
61808Confidential Undertaking
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- 1. NSPI will provide Designated Confidential Information, as defined herein, to the Designated Recipients as defined below. - 2. Designated Confidential Information shall consist of material, whether printed or electronic, which has been...
AI summary This document outlines the conditions for providing Designated Confidential Information to specific recipients in a regulatory proceeding. It defines what constitutes confidential information, restricts access to designated recipients, and requires them to sign an undertaking before receiving such information.
sidered a Designated Recipient. - 4. As a condition precedent to receiving Designated Confidential Information, the Designated Recipients shall sign the undertaking to which this schedule is attached.
AI summary Schedule 'A' outlines conditions for receiving Designated Confidential Information, requiring Designated Recipients to sign an attached undertaking as a prerequisite. The text emphasizes procedural requirements for handling confidential data within the regulatory proceeding.
- 5. No Designated Confidential Information furnished by NSPI shall be given or communicated to persons other than the Designated Recipients. For greater certainty, no Designated Confidential Information shall be provided to the clients of...
AI summary The document outlines confidentiality rules for Designated Confidential Information in a Nova Scotia regulatory proceeding. NSPI restricts disclosure to Designated Recipients only, prohibits removal of documents without consent, and mandates non-confidential references in legal submissions. The Board may use such information in deliberations but avoids reproducing it unless confidentiality is waived. Intervenors must file confidential testimony with specific identification, and the Board may hold in Camera hearings upon NSPI's request.
ally identified as such. In addition, Designated Parties will not object to the Board sitting in Camera to hear such evidence if requested by NSPI. - 9. Should any appeal or challenge to the Board's decision in this proceeding be taken, an...
AI summary The document outlines procedures for handling confidential information in a Nova Scotia regulatory proceeding. Designated Parties agree to in Camera hearings if requested by NSPI, and all confidential information must be returned or destroyed post-decision, with exceptions for Counsel. Counsel may retain client-related materials under specific conditions.
62258Letter from E1 in response to Board's letter of June 25 re detailed explanation for confidential treatment of U-4
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Re: Request for confidential treatment of certain attachments to EOne's Response to Undertaking U-4 This is in response to the Board's request of June 25, 2015, with respect to EfficiencyOne's request to have specific attachments included...
AI summary EfficiencyOne seeks confidential treatment for attachments to its response to Undertaking U-4, citing proprietary and sensitive commercial information. The Board requests clarification on whether redaction suffices. EfficiencyOne argues full confidentiality is needed to protect competitiveness, as the documents contain commissioned research and consultant methodologies.
Attachments 2, 3, 6 and 7 Attachments 2, 3, 6 and 7 are generally described in the Non Confidential Undertaking response as follows: Attachment 2 – Consultant research in setting appropriate incentive levels. The report includes Dunsky's m...
AI summary EfficiencyOne seeks confidentiality for Attachments 2, 3, 6, and 7, which include market research on incentive levels for programs like Green Heat and Appliance Retirement. Disclosure risks supplier manipulation of pricing, increasing costs for ratepayers. EfficiencyOne argues redaction would render reports meaningless, citing past Board support for confidentiality in similar cases, such as Nova Scotia Power's South Canoe Wind Project matter (CI #42127).
Conclusion In conclusion, EfficiencyOne maintains its request for confidential treatment of Attachments 2, 3, 6 and 7 of its response to Undertaking U-4 in relation to these proceedings. EfficiencyOne is prepared to withdraw its request fo...
AI summary EfficiencyOne seeks confidential treatment for specific attachments in its response to Undertaking U-4, offering to withdraw confidentiality for others. The Breton Law Group submitted this on behalf of EfficiencyOne, with a carbon copy to Board Counsel M06733.
63106Supply Agreement
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11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 11.2 EfficiencyOne shall be r...
AI summary The Parties have executed a confidentiality agreement (Schedule D). EfficiencyOne is obligated to secure NSPI's personal information and indemnify NSPI for liabilities arising from misuse or unauthorized disclosure of such information.
43 SCHEDULE C (PAGE 1 OF 2) 2 3 CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT 4 5 THIS CONFIDENTIALITY AGREEMENT made this day of, 2015 6 7 Between: 8 9 EfficiencyOne, hereinafter "EfficiencyOne" 10 Party of the First Part 11 12 And 13 14 No...
AI summary This document outlines a confidentiality and non-disclosure agreement between EfficiencyOne and Nova Scotia Power Incorporated (NSPI), which was entered into in 2015. The agreement is related to a supply agreement for electricity efficiency and conservation activities that became effective in 2016.
1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, and is disclosed directly...
AI summary The Parties define 'Confidential Information' broadly, encompassing all information disclosed under the Supply Agreement, Legislation, or as directed by the Nova Scotia Utility and Review Board. This includes reports, analyses, contracts, and other sensitive information, whether printed or electronic, filed with the Board in confidence.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The Recipient is restricted to using Confidential Information solely for EECA-related activities in compliance with the Legislation and Supply Agreement, with no other permitted uses.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The recipient must protect confidential information with the same care as their own, ensuring it is not disclosed, published, or transferred except as specified in the agreement. Measures include preventing harm, loss, theft, unauthorized access, and reproduction.
Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...
AI summary The Recipient acknowledges the Confidential Information as confidential and a trade secret owned by the Disclosing Party, emphasizing its material value and the detrimental impact of unauthorized disclosure.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality undertakings, notifying the Disclosing Party and providing signed agreements. Exceptions allow disclosure under legal obligations, requiring prior notice and efforts to remove commercially sensitive data. Court orders trigger a 10-day window for the Disclosing Party to protect sensitive information.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The Recipient acknowledges that unauthorized use of Confidential Information would cause irreparable harm to the Disclosing Party. The Recipient agrees not to oppose interim or interlocutory equitable remedies sought by the Disclosing Party to enforce the Agreement. Such remedies are not exclusive and survive termination of the Agreement.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The Recipient must return or destroy Confidential Information within 30 days of the Supply Agreement's termination or upon the Disclosing Party's request, deleting it from all electronic devices. Written confirmation is required, except for one legal file copy retained for legal obligations under the Agreement.
Title: Title: EfficiencyOne Nova Scotia Power Incorporated By: By: Name: Name: 1 SCHEDULE "A" to CONFIDENTIALITY AGREEMENT 2 3 UNDERTAKING 4 5 I, HAVE READ AND 6 AGREE TO ABIDE AND AM BOUND BY THE TERMS AND CONDITIONS SET 7 OUT IN THE CONF...
AI summary This document contains a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, as well as a schedule referencing an approved Electricity Efficiency and Conservation Agreement (EECA) plan approved by the Utility and Review Board (UARB).
63151Supply Agreement Blackline Feb Application v. Sep Compliance Filing
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11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 11.2 EfficiencyOne shall be r...
AI summary The Parties agree to a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities arising from misuse or unauthorized disclosure of such information, including intentional, inadvertent, or negligent breaches.
Confidential Information 1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, a...
AI summary The document defines 'Confidential Information' in the context of an agreement between parties, encompassing all non-public data shared under the Supply Agreement, legislation, or as directed by the Nova Scotia Utility and Review Board (UARB). It includes reports, analyses, contracts, and other sensitive materials, whether disclosed directly or in response to information requests filed with the UARB.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The Recipient is restricted to using confidential information solely for EECA activities under the Legislation and Supply Agreement, with no other permitted uses.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The Recipient is obligated to maintain strict confidentiality of the Confidential Information, protecting it from harm, loss, theft, or unauthorized access using at least the same standard of care as applied to their own confidential information. Disclosure is restricted to uses specified in the Agreement.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under confidentiality undertakings, notifying the Disclosing Party and ensuring compliance. Exceptions include legal obligations, court orders, or regulatory requirements, requiring prior notification and attempts to remove sensitive information. The Recipient must notify the Disclosing Party of such disclosures and allow time to mitigate sensitivity.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The section outlines provisions for equitable remedies in case of unauthorized use of confidential information. It states that breaches would cause irreparable harm, allowing the Disclosing Party to seek interim relief without opposition from the Recipient. Such remedies are not exclusive and remain enforceable post-agreement termination.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The clause outlines obligations for the Recipient to return or destroy Confidential Information upon termination of the Supply Agreement or upon the Disclosing Party's request, with an exception allowing retention of one legal file copy for legal obligations. The Recipient must confirm compliance in writing.
Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...
AI summary The text defines 'Residual Information' as ideas, know-how, and techniques retained in the memory of an individual after accessing confidential information. It prohibits the use of such residual information in business activities, even after the agreement's termination.
12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (directly or indir...
AI summary The agreement outlines that the recipient is granted limited rights to use confidential information and clarifies that no license is granted under any intellectual or industrial property rights.
15. This Agreement is binding on the Parties, their administrators, successors, executors and assigns. 20 Executed and delivered this day of, 2015. EfficiencyOne Nova Scotia Power Incorporated By: By: Name: Name: Title: Title: ENS 2016-201...
AI summary This document contains a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, including an undertaking to abide by its terms. It also references an approved EECA plan as part of the ENS 2016-2018 DSM Filing.
63292Supply Agreement EfficiencyOne and NSPI Form of Agreement Final Executed in Counterparts
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11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality (" Confidentiality Agreement "). - 11.2 EfficiencyOne shall be r...
AI summary The Parties agree to a confidentiality agreement (Schedule D) requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities arising from misuse or unauthorized disclosure of such information.
Confidential Information 1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, a...
AI summary The document defines 'Confidential Information' as all data shared between parties under the Supply Agreement, Legislation, or the Nova Scotia Utility and Review Board (UARB). It includes reports, analyses, intellectual property, and materials filed with the UARB. The definition emphasizes protection of sensitive data, including electronic access details, and applies to information shared directly or indirectly.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The Recipient is restricted to using Confidential Information solely for EECA purposes, in compliance with the Legislation and Supply Agreement, with no other permitted uses.
No Obligation to Disclose 3. This Agreement does not obligate either Party to disclose any Confidential Information to the other.
AI summary The agreement does not impose a duty on either party to disclose confidential information to the other, emphasizing non-disclosure obligations.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The Recipient is obligated to maintain strict confidentiality of the Confidential Information, protecting it from harm, unauthorized access, and disclosure. The information must be safeguarded with at least the same care as the Recipient's own confidential data and may only be shared as permitted by the Agreement.
Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...
AI summary The Recipient acknowledges the confidentiality of the Confidential Information, which is owned by the Disclosing Party and considered a trade secret. Unauthorized disclosure is deemed harmful to the Disclosing Party's interests and business affairs.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under strict confidentiality conditions, including signed undertakings. Disclosures are permitted under legal obligations or court orders, with prior notice to the Disclosing Party and steps to remove commercially sensitive information. The Recipient must notify the Disclosing Party of such disclosures and allow time to address sensitive data.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The Recipient acknowledges that unauthorized use of Confidential Information would cause irreparable harm to the Disclosing Party, allowing the latter to seek interim equitable remedies without opposition. The Recipient agrees not to oppose such applications, and the remedies are non-exclusive, surviving agreement termination.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The document outlines obligations for the Recipient to return or destroy Confidential Information upon termination of the Supply Agreement or at the Disclosing Party's request, with an exception allowing retention of one legal file copy for legal obligations under the Agreement.
Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...
AI summary The text defines 'Residual Information' as ideas, know-how, and techniques retained in the unaided memory of a skilled person after accessing confidential information. It prohibits the recipient and others from using this residual information post-agreement termination, emphasizing that memory is 'unaided' unless intentionally memorized for retention or disclosure.
General Provisions 15. This Agreement is binding on the Parties, their administrators, successors, executors and assigns. Exec uted and delivered this $\stackrel{{\cal I}}{=}$ day of $\stackrel{{\cal L}}{=}$ CTOBER , 2015. Eff iciencyOne N...
AI summary The document outlines a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, executed on October 1, 2015, with Wayne O'Connor, EVP, Operations, signing on behalf of Nova Scotia Power Incorporated.
UNDERTAKING POWER INCORPORATED. I, HAVE READ AND AGREE TO ABIDE AND AM BOUND BY THE TERMS AND CONDITIONS SET OUT IN THE CONFIDENTIALITY AGREEMENT DATED THEDAY OF BETWEEN EFFICIENCYONE AND NOVA SCOTIA Dated the day of 2014. Witness Name: Re...
AI summary The document presents an undertaking by Nova Scotia Power Incorporated, agreeing to abide by the terms of a confidentiality agreement dated 2014 between EfficiencyOne and Nova Scotia. The agreement includes a witness and recipient designate section.
63307Board Order
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11. CONFIDENTIAL AND PERSONAL INFORMATION - 11.1 The Parties have executed or agree to execute the confidentiality agreement attached hereto as Schedule "D" - Confidentiality ("Confidentiality Agreement"). - 11.2 EfficiencyOne shall be res...
AI summary The section outlines confidentiality obligations, requiring EfficiencyOne to secure NSPI's personal information and indemnify NSPI against liabilities from misuse or disclosure. Key parties are EfficiencyOne and NSPI.
Confidential Information 1. The Parties agree that for the purpose of this Agreement "Confidential Information" means all information, regardless of the form in which it is communicated or maintained and prepared by the Disclosing Party, a...
AI summary The Parties define Confidential Information broadly, encompassing various forms of data, and emphasize the role of the Nova Scotia Utility and Review Board in governing its disclosure.
Permitted Scope of Use 2. The Recipient may use the Confidential Information solely for the purposes of providing or receiving EECA, as the case may be, in accordance with the Legislation and the Supply Agreement and for no other reason or...
AI summary The regulation restricts the use of Confidential Information to activities related to Electricity Efficiency and Conservation Activities (EECA), as governed by the legislation and the Supply Agreement, ensuring compliance with legal frameworks.
Protection of Confidential Information 4. The Recipient shall hold the Confidential Information in strict confidence and shall strictly protect the Confidential Information from all harm, loss, theft, reproduction and unauthorized access,...
AI summary The Recipient is obligated to maintain strict confidentiality of the Confidential Information, protecting it from harm, loss, theft, and unauthorized access using at least the same care as applied to their own confidential information. Disclosure is restricted to uses specified in the Agreement.
Acknowledgements 5. The Recipient acknowledges that the Confidential Information is confidential and a trade secret and is owned by the Disclosing Party and is highly valuable and material to the interests, business and affairs of the Disc...
AI summary The Recipient acknowledges that Confidential Information is owned by the Disclosing Party, is confidential and a trade secret, and that unauthorized disclosure would harm the Disclosing Party's interests. The information is deemed highly valuable and material to the Disclosing Party's business affairs.
Permitted Disclosures - 6. The Recipient shall be permitted to disclose relevant aspects of the Confidential Information to its employees and professional advisors to the extent that such disclosure is reasonably necessary for the performa...
AI summary The Recipient may disclose Confidential Information to employees and advisors under confidentiality agreements, with prior notice to the Disclosing Party. Exceptions allow disclosure under legal obligations or court orders, requiring prompt notice and efforts to remove sensitive data. The Recipient remains liable for breaches by third parties.
Equitable Remedy 9. The Recipient acknowledges that any unauthorized use of the Confidential Information or any breach of its obligations under this Agreement will result in irreparable harm to the Disclosing Party which cannot be adequate...
AI summary The Recipient acknowledges that unauthorized use of Confidential Information would cause irreparable harm to the Disclosing Party, necessitating equitable remedies. The Recipient agrees not to oppose interim relief and accepts that these provisions are fair. The agreement survives termination.
Return of Information 10. On the earlier of either thirty (30) days following the termination of the Supply Agreement or at the written request of the Disclosing Party (and unless superceded by another form of writing), the Recipient shall...
AI summary The clause outlines obligations for the Recipient to return or destroy Confidential Information within 30 days of the Supply Agreement's termination or upon the Disclosing Party's request, with an exception allowing retention of one legal copy for legal obligation purposes. The Recipient must confirm compliance in writing if requested.
Residual Information 11. The Recipient or its designate or any other person having access to the Confidential Information pursuant to this Agreement shall not, during and after the termination of this Agreement, use in its business any Res...
AI summary Defines 'Residual Information' as knowledge retained in unaided memory and prohibits its use post-agreement. Emphasizes that intentional memorization for later use disqualifies information as 'residual.'
12. The Recipient agrees that no rights are granted to Recipient other than the limited rights to use the Confidential Information on the terms of this Agreement. For certainty, no license is granted under this Agreement (directly or indir...
AI summary The Recipient is granted limited rights to use Confidential Information under the terms of the Agreement, with no license granted under any intellectual or industrial property rights, including patents or copyrights.
General Provisions 15. This Agreement their is binding on the Parties, administrators, successors, executors assigns. and delivered this of Executed and day , 2015. EfficiencyOne Nova Scotia Power Incorporated By: Name: Name: Wayne O'Conno...
AI summary This section outlines the general provisions of a confidentiality agreement between EfficiencyOne and Nova Scotia Power Incorporated, executed in 2015. It includes binding terms for the parties involved, their administrators, successors, and assigns.
UNDERTAKING AGREE TO IN THE OUT POWER I ABIDE AND AM BOUND BY THE TERMS CONFIDENTIALITY AGREEMENT DATED BETWEEN EFFICIENCYONE AND INCORPORATED. AND , HAVE READ SET AND CONDITIONS THEDAY OF NOVA SCOTIA of the day Dated 2014. Witness Name: R...
AI summary This document outlines an undertaking agreement involving EfficiencyOne and Nova Scotia Power Incorporated, dated 2014, with terms related to confidentiality. It includes a schedule labeled 'Schedule E' but does not provide further details.