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Pacific Gas and <br /> Electric Company' <br /> representatives of CCA who have a"need to know" such Confidential <br /> Information in the course of their duties with respect to the CCA program and <br /> who agree to be bound by the nondisclosure and confidentiality obligations of <br /> this Agreement, provided, however, that, an Energy Service Provider, agent, or <br /> any other entity, including entities that provide both direct access(as codified <br /> in Assembly Bill No. 1890, Stats. 1996, ch. 854)and community choice <br /> aggregation services shall limit their utilization of the information provided to <br /> the purposes for which it has been provided and shall not utilize such <br /> information, directly or indirectly, in providing other services, including but <br /> not limited to Direct Access services, in order to effectuate the obligations of <br /> this Agreement. Prior to disclosing any Confidential Information to its <br /> employees or representatives, CCA shall require such employees or <br /> representatives to whom Confidential Information is to be disclosed to review <br /> this Agreement and to agree in writing to be bound by the terms of this <br /> Agreement by signing the"Non-Disclosure Agreement for CCA Employees or <br /> Representatives"form attached as Exhibit A hereto. CCA shall provide Utility <br /> with copies of the signed Exhibit A forms at Utility request. CCA shall also <br /> provide Utility with a list of the names,titles, and addresses for all persons or <br /> entities to which Confidential Information is disclosed in connection herewith <br /> ("Disclosure List"). This Disclosure List shall be updated by CCA on a <br /> regular basis,and will be provided to Utility once each quarter at a minimum. <br /> 6. CCA shall be liable for the actions of,or any disclosure or use by, its <br /> employees or representatives contrary to this Agreement; however, such <br /> liability shall not limit or prevent any actions by Utility directly against such <br /> employees or representatives for improper disclosure and/or use. In no event <br /> shall CCA or its employees or representatives take any actions related to <br /> Confidential Information that are inconsistent with holding Confidential <br /> Information in strict confidence. CCA shall immediately notify Utility in <br /> writing if it becomes aware of the possibility of any misuse or <br /> misappropriation of the Confidential Information by CCA or any of its <br /> employees or representatives. However, nothing in this Agreement shall <br /> obligate the Utility to monitor or enforce the CCA's compliance with the terms <br /> of this Agreement. <br /> 7. CCA acknowledges that disclosure or misappropriation of any Confidential <br /> Information could cause irreparable harm to Utility and/or Utility Customers, <br /> the amount of which may be difficult to assess. Accordingly, CCA hereby <br /> confirms that the Utility shall be entitled to apply to a court of competent <br /> jurisdiction or the CPUC for an injunction, specific performance or such other <br /> relief(without posting bond) as may be appropriate in the event of improper <br /> disclosure or misuse of its Confidential Information by CCA or its employees <br /> or representatives. Such right shall, however, be construed to be in addition to <br /> any other remedies available to the Utility, in law or equity. <br /> Page 3 of 6 <br /> Automated Document,Preliminary Statement Part A Form 79-1031 <br /> Revised November 2006 <br /> Advice 2784-E-,A <br />