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<br />(c) CCA represents and warrants that the authorized representative(s) <br />executing this Agreement is authorized to execute this Agreement on <br />behalf of the CCA; and <br />(d) CCA confirms its understanding that the information of Utility <br />Customers is of a highly sensitive confidential and proprietary nature, <br />and that such information will be used as contemplated under the <br />Disclosure Provisions solely for the purposes of investigating, pursing <br />or implementing Community Choice Aggregation Service under PU <br />Code Section 366.2 as a community choice aggregator and that any <br />other use of the information may permit Utility to suspend providing <br />further information hereunder. <br /> <br />2. The confidential and proprietary information disclosed to CCA in connection <br />herewith may include, without limitation, the following information about <br />Utility Customers: (a) niunes; (b) addresses; (c) meter and other identification <br />numbers; (d) account numbers; (e) telephone numbers; (f) electricity usage; <br />and (g) other similar information specific to Utility Customers individually or <br />in the aggregate (collectively, "Confidential Information"). Confidential <br />Information shall also include specifically any copies, drafts, revisions, <br />analyses, summaries, extracts, memoranda, reports and other materials <br />prepared by CCA or its representatives that are derived from or based on <br />Confidential Information disclosed by Utility, regardless of the form of media <br />in which it is prepared, recorded or retained. <br /> <br />3. Except for electric usage information provided to CCA pursuant to this <br />Agreement, Confidential Information does not include information that CCA <br />proves (a) was properly in the possession ofCCA at the time of disclosure; (b) <br />is or becomes publicly known through no fault of CCA, its employees or <br />representatives; or (c) was independently developed by CCA, its employees or <br />representatives without access to any Confidential Information. <br /> <br />4. From the Effective Date, no portion of the Confidential Information may be <br />disclosed, disseminated or appropriated by CCA, or used for any purpose <br />other than to investigate, pursue or implement community choice aggregation <br />under PU Code Section 366.2 et seq. as a CCA as permitted under this <br />Agreement and the Disclosure Provisions. <br /> <br />5. CCA shall, at all times and in perpetuity, keep the Confidential Information in <br />the strictest confidence and shall take all reasonable measures to prevent <br />unauthorized or improper disclosure or use of Confidential Information. <br />Specifically, CCA shall restrict access to Confidential Information, and to <br />materials prepared in connection therewith, to those employees or <br />representatives of CCA who have a "need to know" such Confidential <br />Information in the course of their duties with respect to the CCA program and <br />who agree to be bound by the nondisclosure and confidentiality obligations of <br /> <br />Form 14-769 <br /> <br />Page 2 of6 <br />