Appendix D - BC Hydro - Transmission

Governmental Authority. Each Party shall be responsible for the costs associated withaffording confidential treatment to its information.Notwithstanding the foregoing, the release of Confidential Information shall be subject toApplicable Laws and Regulations and Applicable Reliability Standards.22.1.1 Term. During the term of this LGIASGIA, and for a period of three (3) yearsafter the expiration or termination of this LGIASGIA, except as otherwiseprovided in this Article 22. ,22, each Party shall hold in confidence and shallnot disclose to any person Confidential Information.22.1.2 Scope. Confidential Information shall not include information that thereceiving Party can demonstrate: (1) is generally available to the public otherthan as a result of a disclosure by the receiving Party; (2) was in the lawfulpossession of the receiving Party on a non-confidential basis before receiving itfrom the disclosing Party; (3) was supplied to the receiving Party withoutrestriction by a third party, who, to the knowledge of the receiving Party afterdue inquiry, was under no obligation to the disclosingother Party to keep suchinformation confidential; (4) was independently developed by the receivingParty without reference to Confidential Information of the disclosingotherParty; (5) is, or becomes, publicly known, through no wrongful act or omissionof the receiving Party or Breach of this LGIASGIA; or (6) is required, inaccordance with Article 22.1.7 of the LGIASGIA, Order of Disclosure, to bedisclosed by any Governmental Authority or is otherwise required to bedisclosed by law or subpoena, or is necessary in any legal proceedingestablishing rights and obligations under this LGIASGIA. Informationdesignated as Confidential Information will no longer be deemed confidentialif the Party that designated the information as confidential notifies the otherParty that it no longer is confidential.22.1.3 Release of Confidential Information. Neither Party shall release or discloseConfidential Information to any other person, except to its Affiliates (limitedby the Standards of Conduct requirements), contractors, subcontractors,employees, consultants, or to parties who may be or considering providingfinancing to or equity participation with Interconnection Customer, or topotential purchasers or assignees of Interconnection Customer, on a need-toknowbasis in connection with this LGIASGIA, unless such person has firstbeen advised of the confidentiality provisions of this Article 22. 22 and hasagreed to comply with such provisions. Notwithstanding the foregoing, aParty providing Confidential Information to any person shall remain primarilyresponsible for any release of Confidential Information in contravention of thisArticle 22. .22.1.4 Rights. Each Party retains all rights, title, and interest in the ConfidentialInformation that each Party discloses to the other Party. The disclosure byeach Party to the other Party of Confidential Information shall not be deemed a- 54 -DM_VAN/BCT0007-BCT00129/6206155.10