With reference to the CMC Contract, can the provision for Seller to provide “read-only access of information for the Facility by Seller within PJM Power Meter system” be removed? We view this information to be confidential and proprietary.

Regarding providing “read-only access of information for the Facility by Seller within PJM Power Meter system,” we note that Section 5(a) of the Cover Sheet states that “such data shall be treated and maintained as confidential and proprietary by the IPA and Buyer.” As such, Buyer’s responsibility to treat and maintain the information as confidential and proprietary would be a material covenant and obligation under the CMC Contract, and a failure by Buyer to perform such material covenant and obligation shall be an Event of Default under Section 5.1(f) of the Master CMC Agreement. Misuse of confidential information to the harm of Seller could also give rise to additional remedies at law.

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CMC-7: With reference to the CMC Contract, can the provision for Seller to provide “read-only access of information for the Facility by Seller within PJM Power Meter system” be removed? We view this information to be confidential and proprietary.