PACIFIC GAS & ELECTRIC COMMUNITY CHOICE AGGREGATOR

Pacific Gas and Electric Company" (b) CCA represents and warrants that it has all necessary authority to enter into this Agreement, and that it is a binding enforceable Agreement according to its terms; (c) CCA represents and warrants that the authorized representative(s) executing this Agreement is authorized to execute this Agreement on behalf of the CCA; and (d) CCA confirms its understanding that the information of Utility Customers is of a highly sensitive confidential and proprietary nature, and that such information will be used as contemplated under the Disclosure Provisions solely for the purposes of investigating, pursing or implementing Community Choice Aggregation under PU Code Section 366.2 as a community choice aggregator and that any other use of the information may permit Utility to suspend providing further information hereunder. 2. The confidential and proprietary information disclosed to CCA in connection herewith may include, without limitation,the following information about Utility Customers: (a)names; (b) addresses; (c) meter and other identification numbers; (d) account numbers; (e)telephone numbers; (f)electricity usage; and (g)other similar information specific to Utility Customers individually or in the aggregate(collectively, "Confidential Information"). Confidential Information shall also include specifically any copies, drafts,revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained. 3. Except for electric usage information provided to CCA pursuant to this Agreement, Confidential Information does not include information that CCA proves(a)was properly in the possession of CCA at the time of disclosure; (b) is or becomes publicly known through no fault of CCA, its employees or representatives; or(c)was independently developed by CCA, its employees or representatives without access to any Confidential Information. 4. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by CCA, or used for any purpose other than to investigate, pursue or implement community choice aggregation under PU Code Section 366.2 et seq. as a community choice aggregator as permitted under this Agreement and the Disclosure Provisions. 5. CCA shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. Specifically, CCA shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or Page 2 of 6 Automated Document.Preliminary Statement Part A Form 79-1031 Revised November 2006 Advice 2784-h-A