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H MEFIELD <br /> E N E R G Y <br /> 4. Homefield shall maintain all of the qualifications, certifications, approvals, and other <br /> authorizations required by law to provide the Services pursuant to this Agreement. <br /> ARTICLE 10: CONFIDENTIALITY <br /> Homefield shall preserve the confidentiality of the account information it receives as a result of the <br /> performance of its obligations set forth herein. <br /> A. Homefield and Aggregator shall not disclose, use, sell or provide customer account information to any <br /> person, firm or entity for a purpose outside of the operation of the Program. This provision shall survive the <br /> termination of this Agreement. <br /> B. Notwithstanding the foregoing, Homefield and Aggregator may disclose confidential account <br /> information as required by law, and any such disclosure shall not be a violation of this Agreement. However, <br /> such disclosure shall not terminate the obligations of confidentiality. <br /> C. Homefield agrees to give Aggregator and Aggregator will give to Homefield prompt notice of any <br /> discovery request or order, subpoena, or other legal process requiring disclosure of any confidential account <br /> information. <br /> D. To extent legally permissible and practicable, Homefield shall provide Aggregator and Aggregator shall <br /> provide Homefield with sufficient advance notice as to give the other party an opportunity, at the other party's <br /> discretion and sole cost, to seek to quash the subpoena, obtain a protective order or similar relief. <br /> E. In response to an order, subpoena, or other legal process, Homefield and Aggregator shall furnish only <br /> that portion of the confidential account information that is required or necessary in the opinion of Homefield's <br /> legal counsel. In addition, Homefield and Aggregator shall use reasonable efforts to obtain reasonable <br /> assurances that any account information so disclosed will be treated as confidential. <br /> F. Notwithstanding the foregoing, nothing herein shall prevent the use by Homefield or Aggregator of such <br /> customer account information for the purpose of communicating with its customers or former customers. In <br /> addition, nothing herein shall prevent Homefield or Aggregator from using information in the public domain <br /> prior to its disclosure under this Agreement. <br /> G. Homefield acknowledges Aggregator's obligation to provide certain information subject to Freedom of <br /> Information Act requests, provided that such requests are within the bounds of the applicable law(s). <br /> Homefield expressly reserves the right to protect the confidentiality of all proprietary, confidential, or <br /> commercially sensitive information that is not subject to Freedom of Information Act requests or exempt <br /> therefrom. <br /> 15 <br />