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<br />this Agreement, provided, however, that, an Energy Service Provider, agent, <br />or any other entity, including entities that provide both direct access (as <br />codified in Assembly Bill No. 1890, Stats. 1996, ch. 854) and Community <br />Choice Aggregation services shall limit their utilization of the information <br />provided to the purposes for which it has been provided and shall not utilize <br />such information, directly or indirectly, in providing other services, including <br />but not limited to Direct Access services, in order to effectuate the obligations <br />of this Agreement. Prior to disclosing any Confidential Information to its <br />employees or representatives, CCA shall require such employees or <br />representatives to whom Confidential Information is to be disclosed to review <br />this Agreement and to agree in writing to be bound by the terms of this <br />Agreement by signing the "Non-Disclosure Agreement for CCA Employees <br />or Representatives" form attached as Exhibit A hereto. CCA shall provide <br />Utility with copies of the signed Exhibit A forms at Utility request. CCA shall <br />also provide Utility with a list of the names, titles, and addresses for all <br />persons or entities to which Confidential Information is disclosed in <br />connection herewith ("Disclosure List"). This Disclosure List shall be updated <br />by CCA on a regular basis, and will be provided to Utility once each quarter at <br />a minImum. <br /> <br />6. CCA shall be liable for the actions of, or any disclosure or use by, its <br />employees or representatives contrary to this Agreement; however, such <br />liability shall not limit or prevent any actions by Utility directly against such <br />employees or representatives for improper disclosure and/or use. In no event <br />shall CCA or its employees or representatives take any actions related to <br />Confidential Information that are inconsistent with holding Confidential <br />Information in strict confidence. CCA shall immediately notifY Utility in <br />writing if it becomes aware of the possibility of any misuse or <br />misappropriation of the Confidential Information by CCA or any of its <br />employees or representatives. However, nothing in this Agreement shall <br />obligate the Utility to monitor or enforce the CCA's compliance with the <br />terms of this Agreement. <br /> <br />7. CCA acknowledges that disclosure or misappropriation of any Confidential <br />Information could cause irreparable harm to Utility and/or Utility Customers, <br />the amount of which may be difficult to assess. Accordingly, CCA hereby <br />confirms that the Utility shall be entitled to apply to a court of competent <br />jurisdiction or the CPUC for an injunction, specific performance or such other <br />relief (without posting bond) as may be appropriate in the event of improper <br />disclosure or misuse of its Confidential Information by CCA or its employees <br />or representatives. Such right shall, however, be construed to be in addition to <br />any other remedies available to the Utility, in law or equity. <br /> <br />8. In addition to all other remedies, CCA shall indemnifY and hold harmless <br />Utility, its affiliates, subsidiaries, parent company, officers, employees, or <br />agents from and against and claims, actions, suits, liabilities, damages, losses, <br /> <br />Form 14-769 <br /> <br />Page 3 of 6 <br />