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10.3 CONFIDENTIAL INFORMATION. The Permittee may be given access to technical
<br />information and materials including, but not limited to, information relating to drawings,
<br />maps, reports, specifications and records, and related documentation, which are owned by
<br />PG&E, its subsidiaries or affiliates, and/or owned by third parties and in the possession of
<br />or licensed to PG&E, and which constitute valuable, confidential and proprietary
<br />information, know-how, and trade secrets, belonging to PG&E, its subsidiaries or
<br />affiliates and/or third parties ("Proprietary Information"). If PG&E provides Permittee
<br />with any copies of technical information or materials described above, the copies will
<br />only be provided at Permittee's expense.
<br />Permittee hereby agrees to hold the same in strict confidence, and not to disclose it, or
<br />otherwise make it available, to any person or third party without the prior written consent
<br />of PG&E. The Permittee agrees that all such Proprietary Information: (a) shall be used
<br />only for the purpose of executing its obligations with respect to the Pole Attachments
<br />under this Agreement; (b) shall not be reproduced, copied, in whole or in part, except as
<br />specifically authorized and in conformance with PG&E's instructions when necessary for
<br />the purposes set forth in (a) above; and (c) shall, together with any copies, reproductions
<br />or other records thereof, in any form, and all information and materials developed by
<br />PG&E therefrom, be returned to PG&E when no longer needed for the purposes set forth
<br />in (a) above or as requested by PG&E. Permittee hereby agrees that any third parties
<br />owning any Proprietary Information are express third party beneficiaries of this Section
<br />10.3 of this Agreement. The Permittee hereby agrees that for any violation of any
<br />provision of this Section 10.3, a restraining order and/or injunction may be issued against
<br />Permittee in addition to any other remedy PG&E may have at law. Any Proprietary
<br />Information provided to Permittee shall be considered and maintained by Penmittee as
<br />exempt from disclosure to the extent permitted by law under the California Public
<br />Records Act (Cal. Govt. Code Sec. 6250, gl =.). In the event Permittee is served with
<br />any action to obtain disclosure of such Proprietary Information, Permittee shall oppose
<br />such disclosure and provide written notice of such action (with a copy of the Petition) to
<br />PG&E within seven (7) business days, via overnight mail or delivery via overnight
<br />courier to:
<br />Denise M. Rosales
<br />PG&E, Law Dept.
<br />77 Beale Street, Mail Code B30A
<br />San Francisco, CA 94105
<br />10.4 FORCE MAJEURE. Except for Permittee's obligations to make payment hereunder,
<br />neither Party hereto shall be liable for any failure to perform the terms of the Agreement
<br />when such failure is due to "force majeure" as hereinafter defined. The term "force
<br />majeure" as employed in this Agreement shall mean acts of God, strikes, lockouts, or
<br />industrial disputes or disturbances, civil disturbances, arrests and restraint from rules or
<br />people, interruptions by government or court orders, present and future valid orders of
<br />any regulatory body having proper jurisdiction, acts of the public enemy, wars, riots,
<br />blockades, insurrections, inability to secure or delay in securing labor or materials
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