This excerpt taken from the DYN 8-K filed May 31, 2007.
Section 5.7 Confidentiality.
(a) Each Party agrees that it shall not use any Confidential Information of any other Party, the Company or any of their respective Affiliates for any purpose other than in connection with the consummation of the transactions contemplated by this Agreement. Each Party further agrees that it shall not divulge any such Confidential Information to any Person (i) except to its employees, agents, representatives, lenders, financial and other advisors and representatives to the extent required in connection with the transactions contemplated by this Agreement, (ii) except as required to comply with applicable laws, ordinances, decrees or judicial or administrative orders (and then only that portion of the Confidential Information that is legally required to be disclosed), and (iii) except as otherwise agreed to by the Parties in writing. Each Party shall inform its employees, agents, lenders, financial and other advisors and representatives of the confidential nature of such information and the obligation to keep such information confidential, and shall take such other action as shall be reasonably required to cause such information to be kept confidential.
(b) For purposes of this Agreement, Confidential Information shall mean any confidential or proprietary information including any information relating to any Party or its Affiliates properties or operations which has been disclosed by such Party to another Party in connection with the transactions contemplated hereby (it being agreed that effective upon the occurrence of the Closing any Confidential Information with respect to the Company or the Generating Facility disclosed by Seller to Buyer shall also be treated as Confidential Information of Buyer disclosed to Seller); provided, however, that Confidential Information shall not include any information if:
(i) the receiving Party shall have had knowledge of such information prior to the date on which such Party received it from the other Party, and such information was free from any limitation on disclosure;
(ii) such information shall have entered the public domain through no fault of the receiving Party; or
(iii) such information shall have been independently developed by the receiving Party.
(c) In the event that this Agreement is terminated for any reason, the covenants under this Section 5.7 shall survive the termination of this Agreement. At the time of such termination, if requested by any Party, the other Party shall use its reasonable efforts to return to the other Party, or destroy, all documents in its possession that contain Confidential Information of the other Party.
Section 5.8 Compliance with Governmental Agreements. Following the Closing Date, Buyer agrees that it will abide by, and comply with, all existing permit conditions, provisions in existing rulings and regulations, and any other existing agreements or arrangements among the Company and the State of Texas (or any political subdivision thereof), including provisions or agreements relating to environmental compliance and mitigation, in each case to the extent any such condition, provision, agreement or arrangement relates to the operation of the Business of the Company, unless and to the extent Buyer is exempt by law, regulation or order from compliance with any such condition, provision, agreement or arrangement.