✨ Confidentiality Clause
4350 NEW ZEALAND GAZETTE, No. 177
22 DECEMBER 2010
- CONFIDENTIALITY
12.1 Confidential information: Each Party shall at all times (including after the termination or expiry of the Transaction Documents) keep confidential, treat as privileged, and not directly or indirectly make any disclosure or use, or allow any announcement to be made of:
(a) the subject matter or any of the terms of the Transaction Documents;
(b) any information directly or indirectly obtained from the other Party under or in connection with the Transaction Documents,
except to the extent:
(c) required by law or directive (including, for the avoidance of doubt, required by the Electricity Authority (or any successor to the powers of the Electricity Authority as at the date of this agreement));
(d) required under continuous disclosure requirements under any law or directive applicable to State-owned enterprises;
(e) necessary to satisfy the requirements of the New Zealand Exchange or any other stock exchange or trading market upon which the relevant Party or any of its related persons or securities is listed or quoted;
(f) necessary to obtain the benefit of, or to carry out any obligation under, the Transaction Documents;
(g) that the information is or becomes available in the public domain without a breach by a Party of its confidentiality obligations under this clause or at law;
(h) that the information is made available to legal or financial advisers, auditors, financiers or transferees or potential transferees; or
(i) necessary to comply with the requirements of the Code; or
(j) that the information is made available to any subsidiary or holding company of that Party (as those terms are defined in the Companies Act 1993).
12.2 Compelled disclosures: If any Party is required to disclose any information referred to in clause 12.1, that Party shall:
(a) immediately notify the other Party in writing so that it may (if it considers appropriate) seek a protective order or other remedy at its own cost;
(b) only disclose information to the extent legally required or necessary to satisfy the requirements of the New Zealand Exchange or any other stock exchange or trading market upon which the relevant Party or any of its related persons is listed or quoted or of the Code; and
(c) use its reasonable endeavours to obtain undertakings that confidential treatment will be accorded to the information by the person to whom it is disclosed.
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NZ Gazette 2010, No 177
✨ LLM interpretation of page content
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Confidentiality Obligations in Transaction Agreement
(continued from previous page)
🏭 Trade, Customs & IndustryConfidentiality, Transaction Documents, Legal Compliance, Disclosure Requirements, Electricity Authority