annexure - solar_farm_data_confidentiality_deed_poll web viewsolar farm data confidentiality deed...

Solar Farm Data Confidentiality Deed PollDated

The Solar Farms described in Schedule 1 (Beneficiaries)

and

[insert Research Body name] (Research Body)

Australian Energy Market Operator LtdLevel 22, 530 Collins StreetMELBOURNE VIC 3000TEL: 03 9609 8000FAX: 03 9609 8080

Solar Farm Data Confidentiality Deed Poll

Contents

DetailsGeneral terms

1 Interpretation 2

1.1 Definitions1.2 References to certain general terms1.3 Next day1.4 Headings1.5 Recitals

2 Solar Farm Data 5

2.1 Request for access2.2 Approval or rejection2.3 Terms of access

3 Confidentiality 6

3.1 Recipient to maintain confidence3.2 Pre-disclosure obligations3.3 Recipient’s responsibility for Representatives’ conduct3.4 Excluded Information3.5 Confidential Information not in public domain3.6 Return, destruction or deletion of Confidential Information

4 Injunctive relief 7

5 No reliance 8

5.1 Acknowledgment5.2 No representations or warranties given5.3 Research Body to make its own assessment

6 Liability 8

6.1 Liability of Beneficiaries6.2 Indemnity

7 Beneficiaries 9

7.1 Beneficiaries are Parties7.2 Becoming a Beneficiary7.3 Removing Beneficiaries7.4 Survival

8 Notices and other communications 10

8.1 Form - all communications8.2 Form - communications sent by email8.3 Delivery8.4 When effective8.5 When taken to be received8.6 Receipt outside business hours

9 Assignment and novation 12

9.1 By the Research Body

Solar Farm Data Confidentiality Deed Poll i

9.2 By a Beneficiary

10 General 12

10.1 Discretion in exercising rights10.2 Partial exercising of rights10.3 No liability for loss10.4 Approvals and consents10.5 Remedies cumulative10.6 Variation and waiver10.7 Survival

11 Governing law 13Schedule 1 - Beneficiaries

Schedule 2 - Confidential Information

Signing page

Solar Farm Data Confidentiality Deed Poll ii


Details

Parties Beneficiary and Research Body

Beneficiaries Each of the Solar Farms described in Schedule 1 (Beneficiaries)

Research Body Name [insert full name of Research Body]

[Please provide details for inclusion here]

ABN [insert ABN/ACN]

Address [insert]

Fax [insert]

Email [insert]

Attention [insert]

Recitals A AEMO, on behalf of the Commonwealth Scientific and Industrial Research Organisation and utilising Commonwealth granted funding, has project managed delivery of a solar energy forecasting system (ASEFS System).

B AEMO permits certain approved organisations such as the Research Body to have access to the ASEFS System and to data accessible through the ASEFS System.

C Certain solar farms may from time to time make confidential data available through the ASEFS System on the terms of this Deed Poll.

D The Research Body may from time to time request access to such data through the ASEFS System. When such a request is made and access is granted, access to the data is on the terms of this Deed Poll and applicable additional terms agreed to by the Research Body and the relevant solar farm through the ASEFS System.

E Each solar farm supplying its confidential data will be the beneficiary of undertakings made under this Deed Poll by the Research Body, and will be able to enforce such undertakings directly against the Research Body.

F The list of solar farms that are providing confidential data and are beneficiaries is at Schedule 1 (Solar Farms).

Governing law Australian Capital Territory

Date of Deed Poll

See Signing page

Solar Farm Data Confidentiality Deed Poll 1


General terms

1 Interpretation1.1 DefinitionsIn this Deed Poll, unless the contrary intention appears, capitalised terms have the meanings given below:

AEMO means the Australian Energy Market Operator Limited, ABN 94 072 010 327, of Level 22, 530 Collins Street, Melbourne, Victoria.

Aggregated Information has the meaning given in clause S2.2(d).Approved Purpose means the relevant purpose specified in clause S2.2 as agreed (and, if relevant, amended) in accordance with clause 2.

Authorised Officer of a Party means a director or a secretary of a Party or any other person appointed by a Party to act as an authorised officer for the purposes of this Deed Poll.

Authorised User means a person authorised by the Research Body to access and use the Solar Farm Data in accordance with this Deed Poll, and includes any person appointed by the Research Body as an Authorised Officer of the Research Body. Authorised Users must be employees or officers of the Research Body. Third Parties are not permitted to be Authorised Users.

ASEFS Data means the Solar Farm Data and any other data or information accessed or used by the Research Body through or in connection with its use of the ASEFS System.

ASEFS System has the meaning given in Recital A.

ASEFS System Access and Licence Agreement means the agreement of that name between the Research Body and AEMO. This Deed Poll constitutes Schedule 3 to the ASEFS System Access and Licence Agreement.

Beneficiary means each Solar Farm named in Schedule 1 as varied in accordance with clause 7.

Business Day means a day other than a Saturday, Sunday or public holiday in Canberra, Sydney, Melbourne or Brisbane.

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.

Confidential Information means all Information disclosed or otherwise made available by a Beneficiary to the Research Body under or in connection with this Deed Poll, including:

(a) the information specified in clause S2.1;

(b) information which, either orally or in writing, is designated or indicated as being the proprietary or confidential information of a Beneficiary;

(c) proprietary or confidential information of a third party to whom a Beneficiary owes an obligation of confidentiality which, either orally or in writing, is designated or indicated as being proprietary or confidential information; and

(d) trade secrets or information that is capable of protection at law as confidential information or is otherwise confidential in nature,

whether the information was:

(a) disclosed orally, in writing or in electronic or machine readable form;

(b) disclosed or created before, on or after the date of this Deed Poll; or

(c) disclosed by a Beneficiary or by any third person.


Corporations Act means the Corporations Act 2001 (Cwlth).

Deed Poll means the Details, the General Terms and each of the Schedules, each Approved Purpose agreed in accordance with clause 2, and any document incorporated into this Deed Poll by reference.

Details means the section of this Deed Poll headed Details.

Excluded Information means Confidential Information that:

(a) is in or becomes part of the public domain otherwise than through a breach of this Deed Poll or other obligation of confidentiality owed to a Beneficiary or a third party;

(b) the Research Body can show was already known to it at the time it was disclosed or otherwise made available by a Beneficiary, or by AEMO (unless such knowledge arose from disclosure of information in breach of an obligation owed to or by a third party), or which is independently derived by the Research Body other than in breach of this Deed Poll; or

(c) the Research Body acquires from a third party entitled to disclose it.

General Terms means the section at the beginning of this Deed Poll headed “General terms”.

Government Agency means any Australian governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.

Information means all information regardless of its Material Form, relating to or developed in connection with:

(a) the business, technology or other affairs of a Beneficiary;

(b) the Approved Purpose; or

(c) any systems, technology, ideas, concepts, know-how, techniques, designs, specifications, blueprints, tracings, diagrams, models, functions, capabilities and designs, (including computer software, manufacturing processes or other information embodied in drawings or specifications), intellectual property or any other information including information of the type described in clause S2.1, owned or used by, or licensed to a Beneficiary or a Related Body Corporate of a Beneficiary.

Intellectual Property Rights includes all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patent rights), plan varieties, registered and unregistered trade marks (including service marks), designs, circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields but does not include Moral Rights, the rights of performers or rights in relation to Confidential Information.

Loss means any damage, loss, cost or expense (including legal fees on a full indemnity basis).

Material means the subject matter of any category of Intellectual Property Rights as well as documents, equipment, software (including source code and object code versions), goods, information and data stored by any means including all copies and extracts.

Material Form in relation to Information, includes any form (whether visible or not) of storage from which the Information can be reproduced and any form in which the Information is embodied or encoded.

Moral Rights includes the following rights of an author of copyright Material:

(a) the right of attribution of authorship;

(b) the right of integrity of authorship;

(c) the right not to have authorship falsely attributed.

Party means the Research Body or a Beneficiary, and unless a contrary intention appears, a reference to a Party includes all Representatives of the Party.


Related Body Corporate has the meaning given in the Corporations Act.

Representative of a Party includes an employee, officer, agent, auditor, adviser, partner, consultant, joint venturer, contractor or sub-contractor of the Party.

Research Body Proposal has the meaning given in clause 2.1 (Request for access).

Schedule means a schedule to this Deed Poll.

Third Party means any person that is not an officer or employee of the Research Body and includes contractors, secondees and research students.

Solar Farm means a Solar Farm that contributes Solar Farm Data.

Solar Farm Data means data sourced from Solar Farms which may be made available to the Research Body through the ASEFS System on the terms of this Deed Poll.

1.2 References to certain general termsUnless the contrary intention appears, a reference in this Deed Poll to:

(a) (variations or replacement) a document (including this Deed Poll) includes any variation or replacement of it;

(b) (clauses and schedules) a clause or schedule is a reference to a clause in or schedule to this Deed Poll;

(c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(d) (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);

(e) (singular includes plural) the singular includes the plural and vice versa;

(f) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency;

(g) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns;

(h) (two or more persons) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;

(i) (jointly and individually) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;

(j) (reference to a group of persons) a group of persons is a reference to any two or more of them jointly and to each of them individually;

(k) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day;

(l) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(m) (meaning not limited) the words “include”, “including”, “for example” or “such as”, when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind;

(n) (time of day) time is a reference to Australian Eastern Standard Time, which is Coordinated Universal Time plus 10 Hours, without daylight saving; and

(o) (reference to any thing) any thing (including any amount) is a reference to the whole and each part of it.


1.3 Next dayIf an act under this Deed Poll to be done by a Party on or by a given day is done after 5.30pm on that day, it is taken to be done on the next day.

1.4 HeadingsHeadings (including those in brackets at the beginning of paragraphs) are for convenience and do not affect the interpretation of this Deed Poll.

1.5 RecitalsThe Recitals appearing in the Details are for background purposes only and are not legally binding provisions of this Deed Poll.

2 Solar Farm Data2.1 Request for access

(a) The Research Body may from time to time request access to Solar Farm Data through the ASEFS System (Research Body Proposal).

(b) The Research Body Proposal must:

(i) identify the particular Solar Farm Data to which access is being requested, and the relevant Solar Farm supplying the data; and

(ii) if required by the Research Body, specify any proposed variation to the Approved Purpose, including whether the Research Body proposes to publish Solar Farm Data in the form of Aggregated Information.

2.2 Approval or rejectionThe Solar Farm may:

(a) approve the Research Body Proposal without amendment, in which case AEMO will permit the Research Body to have access to the Solar Farm Data;

(b) approve the Research Body Proposal with amendments, in which case the Research Body will be required to agree to such amendments before being granted access to the Solar Farm Data; or

(c) reject the Research Body Proposal, in which case access to the Solar Farm Data will not be granted.

2.3 Terms of access(a) Where a Research Body Proposal is approved, the Research Body will be

permitted to access, use and disclose the relevant Solar Farm Data on the terms of this Deed Poll consistent with the Approved Purpose agreed by the Solar Farm under clause 2.2.

(b) The Research Body will be bound by and must act in accordance with the Approved Purpose agreed by the Solar Farm under clause 2.2. The relevant Beneficiary will be entitled to rely on any such agreement made through the ASEFS System, whether or not the person purporting to agree on behalf of the Research Body was in fact an Authorised Officer of the Research Body.

(c) The Approved Purpose agreed by the Solar Farm under clause 2.2 will, for the purposes of this Deed Poll as between the Research Body and the relevant Solar Farm, replace in its entirety that Approved Purpose specified in clause S2.2.

3 Confidentiality3.1 Recipient to maintain confidence

The Research Body agrees to:


(a) maintain the confidential nature of the Confidential Information;

(b) not disclose or otherwise provide any Confidential Information to any person except:

(i) in accordance with clause 3.2);

(ii) if required to do so by law or in connection with legal proceedings relating to this Deed Poll; or

(iii) with the consent of the relevant Beneficiary;

(c) not use, disclose or reproduce any Confidential Information for any purpose other than for purposes permitted by this Deed Poll;

(d) establish and maintain effective security measures to safeguard the Confidential Information from unauthorised access, use, copying or disclosure and use the same degree of care a prudent person would use to protect that person’s confidential information; and

(e) immediately notify the relevant Beneficiary of any potential, suspected or actual breach of this Deed Poll in respect of that Beneficiary’s Confidential Information.

3.2 Pre-disclosure obligationsBefore disclosing any Confidential Information to any of its Authorised Users, the Research Body must:

(a) inform AEMO of the name and title of those Authorised Users to whom it is to be disclosed; and

(b) ensure that each Authorised User is made fully aware of the confidential nature of all Confidential Information and the terms of this Deed Poll.

3.3 Recipient’s responsibility for Representatives’ conductThe Research Body must procure that its Representatives (whether or not still employed or engaged by the Research Body) do not do or omit to do anything which if done or omitted to be done by the Research Body, would be a breach of the Research Body’s obligations under this Deed Poll or an obligation of confidence owed to a Beneficiary.

3.4 Excluded InformationClauses 3.1, 3.2 and 3.6 do not apply to the Excluded Information.

3.5 Confidential Information not in public domainThe Parties acknowledge that Confidential Information is not regarded as being in the public domain by reason only of the fact that some portion of it is public or that information is publicly available which, together with other information, could be used to produce any Confidential Information.

3.6 Return, destruction or deletion of Confidential InformationThe Research Body must (at its own expense):

(a) return by delivering to the relevant Beneficiary or its nominee (or, at the option and direction of the relevant Beneficiary, destroy) all documents and other Materials in any medium which contain or refer to any Confidential Information of a Beneficiary (whether or not those documents and other Materials were created by the Beneficiary) and which are in the possession, power or control of the Research Body or any of its Representatives; and

(b) delete any Confidential Information of a Beneficiary that has been entered into a computer, database or other electronic means of data or information storage by the Research Body or any of its Representatives,

on the earlier of:

(c) written demand by AEMO or the relevant Beneficiary;


(d) termination of this Deed Poll or of a right of access to the Beneficiary’s data; or

(e) the time the Confidential Information is no longer required for purposes permitted under this Deed Poll.

4 Injunctive reliefThe Research Body acknowledges and agrees that:

(a) the Confidential Information constitutes valuable and proprietary information of:

(i) the relevant Beneficiary and its creation or acquisition involved expenditure, time and effort on the part of the Beneficiary; or

(ii) third parties to which the Beneficiary owes an obligation of confidence;

(b) damages are not a sufficient remedy for the relevant Beneficiary for any breach of this Deed Poll; and

(c) the relevant Beneficiary is entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach by the Research Body or by any of its Representatives, in addition to any other remedies available to it at law.

5 No reliance5.1 Acknowledgment

The Research Body acknowledges and agrees that:

(a) none of the Beneficiaries nor any of their Representatives give any assurances as to the degree of care or diligence used in compiling or preparing the Confidential Information; and

(b) this Deed Poll does not grant to the Research Body or its Representatives any licence or other right in relation to the Confidential Information except as expressly provided in this Deed Poll.

5.2 No representations or warranties givenThe Research Body acknowledges that none of the Beneficiaries nor any of their Representatives:

(a) has made nor makes any representation or warranty, express or implied, as to the accuracy, content, or completeness of any Confidential Information;

(b) is under any obligation:

(i) to notify the Research Body; or

(ii) to provide any further information to the Research Body,

if the Beneficiary becomes aware of any inaccuracy, incompleteness or change in the Confidential Information; or

(c) has made nor makes any representation or warranty, express or implied, that the Confidential Information does not infringe the Intellectual Property Rights or any other right of any person.

5.3 Research Body to make its own assessmentThe Research Body agrees and acknowledges that it must make its own assessment of all Confidential Information and satisfy itself as to its accuracy, content, and completeness.


6 Liability6.1 Liability of Beneficiaries

The Research Body acknowledges and agrees that, to the extent permitted by law:

(a) each Beneficiary excludes all liability (including direct and indirect loss and damage) to the Research Body arising out of or in connection with this Deed Poll, however such liability may arise, whether in breach of contract, tort (including negligence), under any statue, or otherwise;

(b) each Beneficiary excludes all warranties, express or implied in relation to the Confidential Information, including warranties as to fitness for purpose or due care and skill; and

(c) no Beneficiary warrants that any Solar Farm Data provided by it will:

(i) be fault free; or

(ii) provide specific results or otherwise meet the Research Body’s requirements.

6.2 Indemnity(a) The Research Body jointly and severally indemnifies each of the Beneficiaries

(and their Representatives) against all liability or Loss in relation to, in connection with, or as a result of:

(i) any breach by the Research Body of this Deed Poll;

(ii) any act or omission by any of the Research Body’s Representatives that, if done or omitted to be done by the Research Body, would be a breach of the Research Body’s obligations under this Deed Poll;

(iii) any Claim made against a Beneficiary by the Research Body (or any of its Representatives) alleging or involving an allegation that the Research Body is not legally bound by amended or varied terms agreed by any persons through the ASEFS System; or

(iv) any Claim made against a Beneficiary by an Authorised User arising out of or in connection with use of the ASEFS Data.

(b) The Research Body’s liability to indemnify each of the Beneficiaries (and their Representatives) under clause 6.2(a) will be reduced proportionately to the extent that any act or omission of a Beneficiary (or its Representatives) contributed to the relevant liability or Loss.

7 Beneficiaries7.1 Beneficiaries are Parties

(a) The Beneficiaries are listed in Schedule 1.

(b) The Research Body acknowledges and agrees that:

(i) the undertakings in this Deed Poll are given for the benefit of, and are enforceable directly against the Research Body by, each of the Beneficiaries jointly and severally; and

(ii) each Beneficiary is a Party to this Deed Poll,

even though the Beneficiaries are not signatories to this Deed Poll.

7.2 Becoming a BeneficiaryThe Research Body acknowledges and agrees that upon access being granted to the Solar Farm Data of a Solar Farm, the relevant Solar Farm becomes a Beneficiary, and Schedule 1 (Solar Farms) is deemed to be amended by adding the relevant Beneficiary.


7.3 Termination as a BeneficiaryThe Beneficiary may terminate this Deed at any time by providing 30 days’ notice to AEMO and the Research Body. The effect of such termination is for the Beneficiary to cease to be bound by this Deed.

7.4 Removing Beneficiaries(a) AEMO may at any time notify the Research Body that a Beneficiary is to be

deleted from Schedule 1.

(b) With effect from the date specified in the notice or, if no date is specified, with effect from the date of the notice:

(i) the Solar Farm ceases to be a Beneficiary but the Research Body’s obligations in respect of the Beneficiary, and the Beneficiary’s rights under the relevant Solar Farm Data Confidentiality Deed, continue in accordance with clause 7.5;

(ii) Schedule 1 is deemed to be amended by removing the relevant Beneficiary; and

(iii) the Research Body’s rights to access and use that Beneficiary’s Solar Farm Data are terminated and the Research Body must comply with its obligations under clause 3.6.

7.5 SurvivalIn respect of any Solar Farm that at any time ceases to be a Beneficiary under this Deed Poll:

(a) all accrued rights and liabilities under this Deed Poll as between the Research Body and the Beneficiary survive;

(b) all of the rights and obligations of the Research Body and the Beneficiary under clauses 4, to 7 will survive.

8 Notices and other communications8.1 Form - all communications

Unless expressly stated otherwise in this Deed Poll, all notices, certificates, consents, approvals, waivers and other communications in connection with this Deed Poll must be:

(a) in writing;

(b) signed by the sender (if an individual) or an Authorised Officer of the sender; and

(c) marked for the attention of the person identified

(i) in the case of the Research Body, in the Details; and

(ii) in the case of a Beneficiary, in Schedule 1,

or, if a Party has notified otherwise, marked for attention in the way last notified.

8.2 Form - communications sent by email(a) Communications sent by email need not be marked for attention in the way

stated in clause 8.1, however, the email must state the first and last name of the sender.

(b) Communications sent by email are taken to be signed by the named sender.

8.3 DeliveryCommunications must be:

(a) left at the address set out or referred to in the Details (for the Research Body), or in Schedule 1 for a Beneficiary;


(b) sent by prepaid ordinary post (airmail if appropriate) to such address set out or referred to in the Details;

(c) sent by fax to the fax number set out or referred to in the Details (for the Research Body), or in Schedule for a Beneficiary;

(d) sent by email to the address set out or referred to in the Details (for the Research Body), or in Schedule 1 for a Beneficiary; or

(e) given in any other way permitted by law.

If the intended recipient has notified a changed address, fax number or email address, communications must be to that address, fax number or email address.

8.4 When effectiveCommunications take effect from the time they are received or taken to be received under clause 8.5 (whichever happens first) unless a later time is specified.

8.5 When taken to be receivedCommunications are taken to be received:

(a) if sent by post, 3 days after posting (or 7 days after posting if sent from one country to another);

(b) if sent by fax, at the time shown in the transmission report as the time that the whole fax was sent; or

(c) if sent by email:

(i) when the sender receives an automated message confirming delivery; or

(ii) four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered,

whichever happens first.

8.6 Receipt outside business hoursDespite clauses 8.4 and 8.5, if communications are received or taken to be received under clause 8.5 after 5.00pm in the place of receipt or on a non-Business Day, they are taken to be received at 9.00am on the next Business Day and take effect from that time unless a later time is specified.

9 Assignment and novation9.1 By the Research Body

The Research Body must not assign or novate or otherwise deal with its rights and obligations under this Deed Poll or allow any interest in them to arise or be varied in each case, without the consent of each Beneficiary, which may be given or withheld in such Beneficiary’s absolute discretion.

9.2 By a Beneficiary(a) A Beneficiary may at any time assign or novate or otherwise deal with its rights

and obligations under this Deed Poll or allow any interest in them to arise or be varied in each case, without the consent of the Research Body.

(b) A Beneficiary will notify the Research Body of any assignment, novation or other dealing with its rights and obligations under this Deed Poll by it and the Research Body agrees that such notification will constitute a variation to this Deed Poll in respect of the matters contained in the notice.


10 General10.1 Discretion in exercising rights

A Party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Deed Poll expressly states otherwise.

10.2 Partial exercising of rightsIf a Party does not exercise a right or remedy fully or at a given time, the Party may still exercise it later.

10.3 No liability for lossA Party is not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this Deed Poll.

10.4 Approvals and consentsBy giving its approval or consent a Party does not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

10.5 Remedies cumulativeThe rights and remedies provided in this Deed Poll are in addition to other rights and remedies given by law independently of this Deed Poll.

10.6 Variation and waiverExcept as provided in clause 9.2(b), a provision of this Deed Poll, or a right created under it, may not be waived or varied except in writing, signed by the Party to be bound.

10.7 SurvivalFollowing expiry or termination (for whatever reason) of this Deed Poll, the following clauses survive: clauses 3 to 6.

11 Governing lawThis Deed Poll is governed by the law in force in the place specified in the Details. Each party submits to the exclusive jurisdiction of the courts of that place.

EXECUTED as a deed poll



Schedule 1 – Beneficiaries

To be completed.



Schedule 2 - Confidential InformationS2.1 Confidential Information

(a) Any information about the business of a Beneficiary that is disclosed to or learnt by the Research Body under or in connection with this Deed Poll.

(b) Any information provided by a Beneficiary that is marked or indicated as being confidential.

(c) All Solar Farm Data.

(d) Anything else which is marked “confidential” or which is otherwise indicated to be subject to an obligation of confidence.

S2.2 Approved Purpose(a) To validate, verify and otherwise analyse the solar forecast performance of the

Research Body's operational and research numerical weather prediction (NWP) and statistical forecasting systems.

(b) To use the results of paragraph (a) to tune and modify the NWP and statistical forecasting systems (with the aim of improving solar forecast performance).

(c) To use the results of paragraphs (a) and (b) in publications in the scientific literature and to provide presentations and written reports to third parties including internally within the Research Body, to the Commonwealth of Australia and to industry participants.

(d) To publish Solar Farm Data in the form of Aggregated Information. “Aggregated Information” means Solar Farm Data that is published without disclosing the identity of any individual Solar Farm or which is published in an aggregate form or involves only aggregated statistical measures of forecast performance such that it is not possible to identify the Solar Farm that is the source of any particular item of Solar Farm Data.



Signing page

DATED: ______________________

EXECUTED by [full name of RESEARCH BODY and ABN] in accordance with section 127(1) of the Corporations Act 2001 (Cth) by authority of its directors:

......................................................................Signature of director

......................................................................Name of director (block letters)

))))))))))))

......................................................................Signature of director/company secretary**delete whichever is not applicable

......................................................................Name of director/company secretary* (block letters)*delete whichever is not applicable

SIGNED by [insert name of Authorised Representative] as authorised representative for [full name of RESEARCH BODY and ABN] in the presence of:

......................................................................Signature of witness

......................................................................Name of witness (block letters)

))))))))))))))

......................................................................By executing this Deed Poll the signatory warrants that the signatory is duly authorised to execute this Deed Poll on behalf of [RESEARCH BODY]

[Note: insert alternative Execution Block if required by Research Body]


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