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2011-260
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Last modified
2/19/2016 9:43:03 AM
Creation date
10/1/2015 3:26:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/13/2011
Control Number
2011-260
Agenda Item Number
15.B.3
Entity Name
INEOS New Planet BioEnergy
Indian River County Solid Waste Disposal District
Subject
Landfill Gas Interconnect Agreement
Area
925 SW 74th Avenue
Alternate Name
SWDD
Supplemental fields
SmeadsoftID
10562
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EXHIBIT " C " <br /> CONFIDENTIALITY AGREEMENT <br /> FOR <br /> INEOS NEW PLANET BIOENERGY , LLC <br /> THIS CONFIDENTIALITY AGREEMENT, made this day of <br /> 20 applies with respect to a facility ( " Facility " ) that is owned by INEOS New Planet BioEnergy , <br /> LLC ( " Company ") and located at 925 SW 74th Avenue , Vero Beach, Florida (the " Site ") , where the <br /> Company uses various processes and equipment to convert waste materials into an ethanol product . <br /> The Accessing Party whose signature appears below acknowledges that the Company believes the <br /> processes , designs and equipment utilized at the Facility , as may exist from time to time , <br /> and the <br /> Company' s programs , materials and products (collectively , " Confidential Information ") , are valuable , <br /> special , and unique assets and trade secrets of the Company ' s business . The Accessing Party seeks <br /> access into one or more of the buildings on the Site , where the Accessing Party will have access <br /> to <br /> Company ' s Confidential Information , for the purpose of carrying on certain business activities on <br /> behalf of the Indian River County Solid Waste Disposal District (" District") related to a Feedstock <br /> Supply Agreement ( " FS Agreement ") dated July 15 , 2011 between Company and District . Accessing <br /> Party agrees that he/she shall keep confidential all of the Confidential Information to which he or she <br /> may be exposed , see , observe , learn, or in any way gain knowledge while on the Site , and he <br /> or she <br /> shall not disclose such Confidential Information to any unauthorized persons , firms , corporations , <br /> associations or any other entity for any reason or purpose , and he or she shall use any such <br /> Confidential Information only for or in such manner as is authorized or required by the FS Agreement . <br /> In the event of the Accessing Party ' s breach or threatened breach of this confidentiality provision , the <br /> Company may seek and be entitled to a preliminary restraining order and an injunction restraining and <br /> enjoining the Accessing Party from disclosing all or any part of the Company ' s Confidential <br /> Information and from Accessing Party rendering any services based on such Confidential Information <br /> to any unauthorized person , firm , corporation , association, or other entity to whom all or any part <br /> of <br /> such information has been or is threatened to be disclosed . In addition to or in lieu of the above , <br /> the <br /> Company may pursue all other remedies available to the Company for such breach, including, but not <br /> limited to , recovery of damages from the Accessing Party . Notwithstanding anything else contained <br /> herein , the Accessing Party may discuss or use information concerning the Facility or Company when <br /> ( a) the Accessing Party obtained such information from a third party that is not subject to a <br /> confidentiality agreement, or (b) such information does not concern Confidential Information, or (c) <br /> such information is not treated as confidential by the Company . Further, the Accessing Party may <br /> disclose Confidential Information concerning the Facility or Company when required to do so pursuant <br /> to law or pending legal proceedings ; provided , however, that in such cases the Accessing Party shall <br /> provide the Company with advance notice before disclosing the Confidential Information . <br /> Witness : <br /> Signature of Accessing Party <br /> Print Accessing Party Name <br />
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